The Oregon daily journal., December 18, 1908, Page 5, Image 5

THE: OREGON DAILY JOURNAL; PORTLAND. FRIDAY EVENING. DECEMBER , 18, 1908.
KADLE S KABLE
y LOSE POINT
Demurrer, ot Architects to
School Board's Answer
Overruled by Court.'
j . .
Kable & Kabls, architects, must prove
that the board of directors of school
district No, I ' dld "not examin their
plans and specifications for the Alblna
hifrh school before they can claim Nio
$12,600 damages which they are asking
the district' to pay. This la the stand
taken by Judge Gantenbeln when he
overruled the demurrer of the defense
and directed that the case be allowed to
go to trial. , . f.
Some time ago the architects brought
"ft against district JMo, 1 asking for
112,500 damages. In their complaint
they alleged that the board had issued
a; program "calling for plans for the
proposed building and stating that they
would submit the plans received to a
Jury and would In turn accept the re
pert of this Jury, The , plans were pre
pared according to the program and
were submitted to W. M. Somervell of
Seattle. Bomervell. in his report recom
mended the plans drawn and submitted
by Kable & Kable. In the fact of this
report the board selected plans prepared
by another architect.
Kable & Kable then brought suit con
tending that the board by its program ,
had agreed to accept the plans recom
mended by the Jury. It was also con
tended that the board did not examine
the plans submitted by Kable & Kable,
or exercise discretion but actaj In an
arbitrary manner: ; , ,
Judge Gantenbeln In ruling on the de
murrer held that the meaning of the word
"accept" as used by the board was that
the board would receive and consider
the recommendations of the Jury. It
would go beyond Its .power if It agreed
to absolutely abrogate its Judgment
That was not the Intent of the program,
or offer of the board, the court held. 1
The court held that the transaction
was in the nature of an offer by the
beard, accepted by the architects, that
the board would receive plans, submit
them to the Jury and then receive and
consider the report of that jury, award
ing the contract after that considera
tion. , It was the duty of the board
to consider all plans, and the complaint
alleged that the board had failed to
consider the plans submitted by Kable
& Kable.
The court therefore held that the
rlalntiffs should prove their contention
hat the board did not consider their
plans. The demurrer was overruled and
the case ordered to be set for trial.
RELATIVES DQUBT
CORPSE'S IDENTITY
. i
Relatives of Harry Oushaw, traveling
agent of a California fisheries company,
contend -that the body shipped by the
firm of Dunning, McEntee & Gilbaugh to
them at Fortuna ia not that of Qushaw.
The body was shipped some days ago
and was buried last Tuesday. The rela
tives are comempiaung nmimuii uio
body for a further examination.
Gushaw, who was well known among
the traveling men of the Pacific coast,
was picked up in an unconscious condi
tion on November 26. He was taken to
St. Vincent's hospital where he remained
in an unconscious condition for a couple
of weeks before his death. In good
health Gvinhaw weighed close to 190
pounds. When the remains reached Cal-:
Ifornia they were much lighter and the
appearance of .the corpse was very dif
ferent. Mr. Dunning says, however, that there
can be no mistake. He says that Gu
ehaw was Identified by several acquaint
ances while at the hospital and later
before the shipment of toe body. Gushaw
also naa in nis possession wnen xouna
a number of letters and telegrams which
established' his identity beyond a doubt.
Mr. Dunning believes that long Illness
was responsible for the change In his
appearance.
WAR VETERANS AS
MDfSTKELS TONIGHT
ATTORNEY GENERAL
BONAPARTE'S REPORT
(United Press Leased Wire.)
Washington, Dec 18. Attorney Gen
eral Bonaparte has j submitted his ; an
nual report tb congress. . In. part he
says: ;.. i'f '-v .;.."'.'-"::.
To the senate and he use of repre
sentatives of the United States of Am
erica In congress assembled I have
the honor-to submit the following re
port of the business of the department
or justice during the fiscal year enaea
June 10, 1908.' as required by law: --
It has been tlta dutv of this depart
ment to continue the 'enforcement of
the several statutes Intended to pro
tect the interstate and foreign1 com
merce of the country, from evils aris
ing through, combinations In restraint of
trade and attempts to create monopolies,
as well as discriminations and other il
legal practices on the part of common
carrliys engaged In such commerce. The
consistent policy of the department In
this branch of its work has been care-
larate all eomnlalnts euD-
illo author-
fully to Investigate all complaints sub
mitted to it. wneiner dv nuoue nuinor-
Ities or bv responsible orlvate citizens,
proceedings, wnemer
The Spanish War veterans' big min
strel show opens tonight at the Hellig
theatre. Good natural Joshing of local
affairs and Ann ensemble musical num
bers will be features of the big per
formances. Fred Jones, who recently lost his
father, has kindly come forward to aid
the boys in the entertainment. His
Part in the show is of such importance
that the performance would be weak
ened by his absence, and though feel
ing Keenly the loss of his parent, he
will appear In his part as rehearsed.
The curtain will rise tonight at 8:S0.
Beats on sale at the Hellig theatre
box office.
SPECIAL RIBBON SALE
1000 Pieces All Bilk Taffeta ibboa
for ranpy Work
On sale at following prices. All
colors: No. 7, 6c; No. 9, 8c; No. 12,
9c; No. 22, 10c; "No. 40, 11c; No. "60,
13c Black dress goods, silks, hosiery,
cloves, umbrellas, table linens and
blankets at lowest prices. McAllen &
McDonnell, Third and Morrison.
Ladles' tan rubbers at Knight's.
a
civil or criminal, only when ,thls In
ventilation' shall have shown the com
plaints to be serious and well founded,
and that success in such proceedings
mignt be reasonably expected.
Volley Observed.
This pol " was observed during the
pasi year, as it naa Deen- previously,
and was attended by a fair measure ol
success In the proceedings . author.
ized. As a consequence of suc
cessive decisions . already obtained
or expected In the near1 future
In causes of this character which have
been flnallv nassed UDOn bv the su
ireme court, the statutes above rererrea
o will soon have been so authoritative
ly Interpreted as to remove doubts pre
viouslv -existing or -alleged to exist, ai
to the mean inn of important provisions.
and Individuals or corporations seeking
in good faith to comply with the law
thus relieved from the hardship of un
certainty as to what the law really la
It is of great moment to the com
munity that the law should be clear and
readily understood, and this is particu
larly true with respect to statutes which
affect the commercial relations of the
whole people.
Appeals ia Criminal Cases.
It is obviously In the nubile inter
est that whenever a conviction shall
havs been reversed - on appeal by the
defendant CO a circuit court of appeals
there should be a right of appeal by the
government to the supreme court of the
'nlted States from such Judgment of
reversal. I advise, therefore, that the
very useful but Insufficient statute al
lowing an appeal to the government in
criminal cases be amended In this re
spect Under the existing law, when a
demurrer la sustained because of the
Invalidity or construction of the stat
ute upon which the Indictment Is found
ed, i e case may beUaken direct to the
supreme court of the United States.
But should the demurrer be overruled.
a, conviction had, and the case reversed
and remanded for a new trial by the
circuit court of appeals, on the ground
that the demurrer should have been sus
tained by the trial court, suoh case
cannot be taken to the supreme court
This inconvenience should be remedied
by an amendment of the act
Taking of Testimony.
I renew the recommendation of my
last annual report that a statute be
Cussed authorizing any court or me
nlted States engaged In the trial of
a suit in equity arising under these
statutes to appoint simultaneously as
many commissioners to take testimony
in different iudicial districts as the
Judge or Judges of the court in ques
tion may deem appropriate to the ends
of Justice. It is no hardship that de
fendants, who are almost Invariably
rich ' corporations employing many
counsel, should be obliged to take evi
dence in different places at the same
time instead of successively, and such
provision ot law win tend, in a
marked degree, to promote the expe
ditious determination of these pro
tracted litigations. ,
I further advise, as In my last re
port, that in civil cases under such
statutes the process of the court to se
cure the attendance of witnesses and
the production of documents shall have
the scope which it now has in criminal
cases, arid may be served, as in the
last mentioned cases, by the marshals
of all Judicial districts of the -United
States. -
Sherman Anti-Trust X,aw.
A considerable number of communica
tions have been sent to the president
or to the department of Justice asking
that action be taken- in the name of the
United States to procure temporary in
junctions against the collection of in
creased rates on freight by various rail
roads, and claiming that such increased
rates, although duly filed with the In
terstate Commerce commission by each
of the railroads promulgating them, hid
been adopted in fact through agree
ments between competing railroads In
violation of the terms of the statute
generally known as the "Sherman anti
trust law" as construed by the supreme
court in the case of the United Stakes
vs. Trans-Missouri Freight association
(168 U. 8., 290). In a majority of these
cases applications had already been
made to the Interstate Commerce com
mission to secure the abatement of the
rates .In question, altering them to be
unreasonable and excessive, and the?
principal purpose ror the requested in
tervention of this department was to
keep the old rates In force pending the
decision of the Interstate Commerce
commission. After a very careful con
sideration of the question I felt com
pelled to advise the president that
under all the circumstances of the case.
I deema it inappropriate and against
sound Dublin : nnlinv- tn inntlttite Dre
ceedings looking to the procurement of
temporary injunctions . for the. purpose
sdov indicated.
' - Xand Traud Proseontlons.
Two 'other classes of cases have n-
faged a large part of the attention of
he department, namely, prosecutions
lor peonage and civil and criminal pro
ceedings arislnar out of alleaed frauds
and irregularities in the acoulslMou of
title by private parties to . the publie
lands. In both cases I am haDoV to re
port that the energetio prosecution of
orcenaers nas unaouoteaiy renaerea mi
crimes less freauent. . and also less
profitable. - It is notoriously difficult to
secure oonviotlons in the peonage oases,
owing to the , antecedents and sur
roundings of the victims ' and 'wit
nesses and the freauentr existence-; or
stronar local sympathy for the defend
ants. Nevertheless there Is good rea
son to believe that the proved deter
mination of this department not to be
discouraged by occasional failures in
the enforcement of these salutory laws,
and" the severe condemnation or cne
S radices exposed through such trials
v the enlightened Dubllc opinion of
hA rnimtpv at Isire-A. has ' materially
diminished the frequency of the of
fenses in question, although they are
still by no means unknown, : The land
fraud cases have forcibly illustrated
til . tinfirtimft ttk CAnMdUAnCM Of ad
mlnlstratlve laxity and toleration of
abuses in the enforcement of any laws
during a considerable IStigth of time.
Special Agent Force,
in ma Uii anniml rennrt I called at
tention to the fact that this department
was obliged to call upon me ireaoury
department of detective service ana naa.
In. hot nn nermnnent executive force
directlv under its oraers. xnrougn n
prohibition of Its further use of the se
Apat Mrvlrit fnroe contained in the sun
dry civil appropriation act., approved
May 27. 1908, it becoame necessary for
the department to organise a small
force of special agents of its own..
Salaries of Judges.
Tn nv lnnt annual reoort I suggested
the advisability of the readjustment of
salaries of federal Judges rendered - ap
propriate by undoubted and. very great
Increase in the expenses , of living
throughout the union slues their sal
aries were last adjusted. On this sub
ject I said further:
"At Dresent a Judge ought to have.
and, indeed, can have, very little op
portunity to earn money In addition to
his salary, and he Is often obliged to
spend more then he otherwise might by
reaaon of the dignity of his office snd
riiu res-aril In the demands Of public
and professional opinion. It seems clear
that, in one respect at least a more
liberal provision should be made for
same of our federal judges. Many of
them are obliged to noid court in sev
eral--localities within their respective
districts, and as a Judge can ordinarily
be at home in only one of these locali
ties. It seems to be equitable that he
should have the same allowances for ex
penses when holding court elsewhere
in pursuance of law which he now has
when required to hold court beyond the
limits of his district"
I venture to recall this suwect to me
attention of the congress. The charac
ter of our Judiciary Is the safeguard or
our order, prosperity and freedom, and
It Is no less rutue ror we government
than It would be for an Individual to
expect the services or men or amiiiy.
learning. Industry and virtue unless it
pays them what sucn men can reaaiiy
earn.
BENB0W CHARGES A
FRAUD ON CREDITORS
Allegations of fraud to cheat the cred
itors are i ade In a suit for $37,350 be
gun in the circuit court against me
Golden Eagle Dry Goods company, Qua
A. Lowit and unanes wrignt Dy w.
Benbow, suing on assigned claims of
the creditors. One of the largest cred
itors he represents Is the Oregon Trust
& Savings oank. -
On one account iienoow asss ror i',-
760. alleging that the -,ondons' Clothing
company was insolvent wnen it was
merged into tne uoiaen ,agie in iuo.
He charges that the transfer of stock
from Wright to the Golden Eagle In
January, 1908, was void, and that the
sum he received from the company In
return for his stock should be turned
back for the creditors.
It is further alleged that Wright paid
only $5400 on his 250 shares of stork
and left $19,600 unpaid. This forms the
second count In the complaint.
Handkerchief Sale.
Thousands of holiday handkerchiefs.
Samples secured for less than GOc on
the $1. Prices range from lc up to $15
each. Men's Initial at 6c, 10c. 15c, 20c
and 25c. Handkerchiefs at Sc the equal
of those vou pay isc or zoc ror else
where. Handkerchiefs at 15c and 25c
are handsome. Come and see. McAllen
& McDonnell, same old corner, Third
and Morrison.
The Best Is Good
The best of anything Is good, and
Sexine Pills are the best of any tonic
we have found. They are guaranteed
for any form of m ng weakness, for
men or women. Price, $1.00 a box, 6
boxes $6. Address or call: The J. A,
Clemenson Drug company, corner Sec
ond and Tamhill streets. Portland. Or.
This is the store where you get all the
great remedies.
Tomorrow and Monday last days for
discount on east side gas bills. Don l
overlook gas appliance sale.
In the Estimation of the Masses
The ideal Christmas gift is the practical gift. Especially does this
apply to the selection of presents for the masculine contingent.
Stekbac
h's Is
a
M
aii's Store
The biggest, busiest and best establishment of its kind in Portland.
At present it s great.
Men's Furnishings Department
Is brimful of suitable gifts for men, and the Christmas shopper who chooses here may feel certain of giving,
not only wisely, but well.
Sensible Christmas Gifts for Men, and Boys
Gloves, Handkerchiefs, Mufflers, Suspenders, Neckwear, Hosiery, Pajamas, Night Robes, Underwear, Um-,
brellas, White Shirts, Fancy Shirts, etc.
WE ARE EXCLUSIVE PORTLAND AGENTS FOR HOLE
PROOF HOSIERY FOR MEN, WOMEN, CHILDREN
MEN'S HOLEPROOF SOX ARE NOW ?1.50 BOX OF SIX
PAIRS.
We will fill mail orders promptly and carefully.
BEGINNING SATURDAY, DEC. 19, STORE WILL BE OPEN EVENINGS TILL CHRISTMAS.
THE
DIAMOND
STORE
OF
THE "
NORTHWEST
Our diamond reputation being known all over the Northwest, is built up oa conservative lines.
It deals with facts only, so that you can buy a gem on a safe basis and have the. benefit of
our. vast experience as well. We buy diamonds right and under the most favorable conditions
direct from the cutters. We sell them right also, and will guarantee to save you money on
your investment, quality considered, so that your trading with us -will be a lasting recom
mendation to 'your friends and a valued testimony to us.
RESERVE YOUR XMAS DIAMOND GIFT NOW
BCsil Orders
. Promptly
Attended to
RIANUF'RING
JEWELERS
Write for Ou
Wew
- Catalog-ne
COR. THIRD AND WASHINGTON ST.
DIAMOND
IMPORTERS ,
STORE OPEN EVENINGS
For the Newest in Wearing Apparel, Visit the "Style Store"
IMS
AT THE SANTA CLAUS STORE
$6.00 Taffeta Waists for $3.50
Every section of the "Style Store" shows that Santa Claus has taken' J.
possession with his loads of exquisite gifts, and made the prices (
less than ever before. .
FOR THE MEN-FOLK he has Smoking-sets, Smoking-jackets,
Shaving-sets, Rings, Neckwear, Umbrellas, Military Sets, Fobs,
Watches, Mufflers Gloves, etc, etc. I
FOR THE WOMEN-FOLK he has Rings, Bracelets, Watches.
Pins, Toilet-sets, Cut Glass, Silverware, Furs, Umbrellas, Silk, Lace
and Wool Waists, Petticoats, Fancy Combs, Vases, etc, etc ,
FOR THE LITTLE-FOLK dainty Rings, Bracelets, Watches,
Fur Sets, Coats, Dresses, Boys Suits, Neckwear, etc., etc
A few of the especially priced Christmas articles are as follows:
Ladies' Comb and Brush Sets 95c
These make a pretty, yet most serviceable gift; they are of excellent grade
of taffeta, strictly tailored; ask to see them; special .$3.50
$6.00 Fur Scarf $235
Will make a beautiful gift for either a lady or school girl; it is of imitation
ermine, satin lined, a full yard long; just a limited number at this price;
see us tomorrow, special. $2.35
Men's Mtfitary Sets $235
Regular $4 Military Sets, fine French bristle brushes, silver mounted; ex
traordinary values; special $2.35
Real rosewood sets, have been selling for $1.50, we will close out this week
for 5c
Artistic Gold Mantle Clocks $2.25
Regular $3.75 Ormolu, 24-karat gold-plated Clocks, Waterbury movement
guaranteed good timekeepers; special ....$2.25
Cut Glass and Hand Painted China 20 Per Cent off
All the newest, most attractive patterns to choose from; Nappies, Vases,
Plates, etc.
Ladies' and men's Umbrellas from.... ...$1.00 Up
CREDIT IF DESIRED:
Corner
Washington
and Tenth
Streets
-You are cordially invited to open an account with us for any thing you may select, and pay after
the holidays, as convenient. f
EMTEM
OIF
inrwini
16 CO.
The Store
Where Your
Credit Is
Good
bskm l asa i . . i s
WW W WW WW W WWVVx
A CHANCE TO AE i
Plenty of Useful
and Acceptable
Xmas Gifts
May be Found
At This Store
J. J. MADDERLY
, The Hardware Man - ;
139 FI2ST ST REAR COS. ALDER.' Next 0. IV. P. Walling -Rooms
ON TALKING MACHINES AND RECORDS
A vast assortment of strictly brand-new Disc Records for all makes
of talking machines, retailed regularly at 60c the world over, are now
on sale at nearly half, or 33c each. Not more than six records to each
customer. AH that is best in band and operatic selections, vocal and
instrumental numbers, etc., are included in this unprecedented offer.
Here's a fine chance to get a splendid assortment of new records at
little expense. Come the first thing.
To call particular attention to our splendid Talking Machine de
partment, acknowledged the finest and most modernly equipped in
the west, we are offering a. limited number of high-grade Talking
Machines at drastic reductions. All are strictly brand new, Tery
latest styles, tapeng arm, etc. c'- H:'".'T-H"V! .'
The regular $25.00 Talking Machines and ;
6 Records only. fM-a
Th recmlar tiOM Talkine Machines and '
6 Records only. ... a. .... . .$2-1.0
The regular $83.00 Talking Macbijes and
; 6 Records only. . . . . ... .... i ... $4 9.2 5
AH fully guaranteed. ; No machine will
h jsnld to dealers at these prices, and
only 6nOa:cach custonierr This is posl
tive. Tav- cash or easy payments . We
reserve the right to withdraw this offer
just as soon as a certain number of ma-
chines are sold. Arrange to come right
away. ' . -
Graves Mus i c C o. :
' 111 FOURTH STREET '-.
The Largest and Finest Music Hnr 1 "
J'-'-'-- - );! 'v, the yest. :
FN