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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (April 13, 1910)
THE OREGON DAILY. JOURMAL, '.PORTLAND. WEDNESDAY EVENING, APRIL 13. 1910. OLD DRY GOODS I Business of McAllen & McDon nell Acquired by Browns- V ville Woolen Mills Store. NtfotlatlonB wara concluded today 4 for tha purchaaa fcy tha Brownevilla "Woolen Mllla etora of , tha atoclt, fix- turaa and laaas of the McAllen & Mc r Hon nell dry foods company at Third and Morrison atreeta. Thla aale in volraa , two of the oldeat mercantile rirma In the .-city;: the Brownsville ;. wooien Mint atore being- the- oldest clothlnf establishment In Portland, and McAllen dt McDonnell for. more than ,; 80'yeara having been one of the' boat known and largest dry . g-ooda flrtna here., ; , v.. ?. . , . - The aale Involves "between $80,000 and 80,000, that, sum being the value of the McAllen & MoDonneU stock and flxturea. : The stock of dry gooda will b sold out a rapidly aa possible and the location at Third and Morrison a treeta will become the principal Port ,; iana store of the Brownsville Woolen iiibj luib. j fiiiflniiva. h iJirannni wi i . be made to the building- and the atock , at the Third and Stark street store will db removed to the new location. The deal Is the resnlt of. the- out growing- of Its preaent quarters by the , ' . nrownaviiie wooien muis, store,-- J. I Bowman, owner : of the clothing- s; com pany having: for aeyeral months ? been on tha lookout for a larger place, t ,;. Dan McAllen, owner of -the McAllen A: McDonnell - company, la one of the - Oldeat and moat respected merchants in Portland. His firm haa occupied Jts , present quarters at Third and JUorrl son for. 21 years' and prior... to ? going tbere . la the ', same Una on First street. Mr. Allan's health has ben unsatisfactory for several months, which was the Immediate cause of hi retiring from business. Ha expects to leave Portland for a time on an ex tended vacation, with the hops building up his health. - of BANKER TilOORE ; . PLEADS GUILTY,- SI III Fill POSED '(Continued from Page One.) fine onlyi deolared thatv whether; or not the bank, was insolvent when it failed, he. did not believe Moore knew It was Insolvent. ; .'.Rather than endure ' the phyalcal and mental atrain , of other h0 d!in,"d-1 for Immunity by testifying . again otliers. 1 Hefore eentence waa imposed, Judge Morrow asked if the fine would be paid. Fulton assured the court it would be, and Moore nodded his assent. By clearing up the calendar so far as Moore la concerned. District Attorney Cameron expects to 'clinch the case sgainst W. Cooper Morris. In fact Morris haa been anxious to plead guilty and testify against Moore, and the Ola trlot attorney says he would not. be surprised if Morris pleads guilty un conditionally.. . , . : ., ' Cameron Bays Xrldenoa Weak, After Moore had pleaded this morn ing.. District Attorney Cameron declared ha does not believe Moore knew much about the affairs ' of" tha Oregon Trust Before the court he said be did jiot be lieve, the evidence aufficlent to convict Moore In the other i easea," In view of the verdict of tha Jury which tried the defendant on a similar ; charge. ' The testimony In all - other, cases would be the same as tha one In which the atata triala, Fulton . said, Moora preferred to At one point thia morning the' pro plead guilty,, wlth.-tha understanding District Attorney! Cameron Fuld not mat me state wouia oe wipea Clean orimsks a rennmmendatlnn for sr fine he. all indictments againat Him. , . fore the plea of guilty waa entered. Tbia Aiier sentenoe , naa ' Deen imposea. i was at the verv beainnlna-. after Cam during which time Moore ttood Quietly 1 eron bad formally announced tha desire wun loiaea nanus, ne attempted in aa-iof Moore to plead. The indictment se dress the oourt. Ho s waa smarting looted for i the Diss waa N6. 1814-the unaer uie auggeation tnat he waa plead- next in order after the one on which ing guuty unaer some sort of a bar- he was aeoultted. but recommended to gain with the district attorney to .tea- J the censure of the court for his "guilty my ssaintH moms ana . ma outer aa- knowledge of unlawful and dishonest fendanta in the bank caees. ' laots In tha management of tha bank of , wants to Address Court. , t 1 which he was president". '.,. "May I speak a few words?" he asked : Wltkdrawa Ho OuUty pUa. Fulton announced the withdrawal of the plea of not guilty. - Then he paused. and suggested that Cameron should of the court "yon bad beat consult with your at torney," repuea Judge Morrow. Turn ing to Fulton, Moore, held a whispered I make bis recommendation. Judge Mor- conversauon, Dut iruiton shook ms head I row said the usual procedure was jt, and Moore's intended, aUtement waa hot! enter the plea first. Fulton declined made. Fulton i also sought9 ito' draw Moor away from the newspaper men, who sought to learn what be wanted to say, bat Moore was heard to remark; "1 . would rather go ' to the nenlten tlary for life than to make , a , bargain Insure tht .altk of all tht famil have Always a tonic in your home By usine It consistently, a good tonic is tho sreateat inBuranoo against tha ravaerea of many diseases that often . result fatally-, , 1 his is where forewarned is forearmed, is accepted in all partsoftLe world as thestandardof malttonjc valua. r "-it is tha essence; of absolute purity and nature's ereatest aid to health. It is a predigested ood in hquid form, containing the tissue-building propertied of rich barley malt ana tnerare toning elements of the Iupuhn from cnolcesthopscombmedinmostpalatableform. l unitetf atafe Cownsssnt saecIHcsny slaMifiee PalMt Extraet mm ma article of , aaediciM not aa alcohoue Mvarat. , Oritr m iottn. tottJtt from ' your JoeaJ drugyitt. -;-?.', Inmwt sea it iting Paint V to do this, and said ha would not, enter the plea under these conditions. . . The court started t to proceed - with other business,, but Fulton, after a few mo menta, conferred with the district at torney and announoed he waa ready to Plead - guilty. -- Moore, wno naa Deen seated in the Jury box; walked over to where Fulton stood. He aeemed fully self -controlled, but spoke the word 'guilty, In a weak voice, f Fulton waived tima for sentence and Moore sat down while : District At torney: Cameron addressed the court; - Cameron said the Indictment to which Moore had Just pleaded was similar to the one on ' which be waa tried last month. The state produced all the tes timony it naa in tne trial, na said, and the Jury found a verdict of not runty. witn a recommendation. The district ' attorney said It aeemed that the action .of Moore In turning over ma private property -to-help pay tne depositors nad great weight with the Jury, and had seemed to take away the criminal effect in the minds of the jury.- Furthermore, said ..Cameron - It would be necessary, in his Judgment to have the 'testimony' of Moore to 'con vict ; the other 'defendants. c Ha recom mended a fine, which would be suffi cient to : vindicate the' law and "show people engaged in the banking business In Oregon that there la a Jaw to punish such conduct"''- ' , . .-.' . .. Fulton next rose, and said he pre sumed the court would be largely guided by th . recommendation of the district attorney,' who had made a' fair state ment of : the 'facts; H. t emlnded the court that In the 'former case llna of the" Jurymen -:atood : for acquittal from the beginning, and recalled the turning over to the Oregon Trust the day after it closed, of aU of Moore's private for tune. Thla. he thought, bad large Influ ence with the Jury. . -"Beyond that," snld Fulton., "wh at-1, evr the fact may be as to the lnol vency of the bank, 1 think the evidence shows Moore did not believe it waa In solvent. The trial and verdict estab Ilshed the fact that a Jury of bla coun trymen did not believe he waa guilty, "In view of these facts and the 'har assment and mental and physical strain tliut-would be undergone if the' other Indictments were tried, . Mr. , Moore haa decided to-plead guilty. . It would be in the power of the state to bring him to trial on each, of H indictments. 1 The defendant la impendent on what hla wife and relatives can-provide, and hla coun ael felt- it wise to advise him to adopt this course." . t ' Fulton said be wanted to deny pub lished statements that Moore would plead guilty , on oondltlon that be be come, a witness in other cases. He haa a contempt for that aort of thing, be t. . ....J,"..;.--.-',. - .. .:v .;',.!,;; rhlnks Fine Bufflclent. , '"The defendant waa a witness,", said tha attorney, "and ha told all. he knew, Nothing! has been said to - mo about hla testifying against others, -and I do not believe tha district attorney would. Bug gest such a thing.. Of-course, he may be subpoenaed to testify In other cases. but it la not true that ha pleada guilty with any euoh understanding." v , Fulton closed by saying -that. Under the circumstances, he thought , It only proper, that a fine be , Impoaed. He promised the fine would be promptly paid. Judge Morrow aassed sentence in a few words, merely saying he be lieved: soma punishment should be -In flic ted, and he would abide by the rec ommendation f, the , dlatrlct attorney for a fine. -1 .i'ti-v-t .tr:.jy DISTRICT: ATTORNEYS ; IS PLANNING SERIES ; OF DAMAGE SUITS f """" ""' '" (Continued from Pag One.) tha eastern lumbermen', ars accused of obtaining- hr--trvA."".:,-4'ir.- ' ;: 'Will Ask Oonrf a Decision, i In the argument the court- will be asked to decide If the government cln recover, value . of .; ; land J ; obtained by fraud. No statute covera the point and Mr- MoCourt is satisfied that the deds Ion will be- In favor of the government If it is he will be in a position to bring suits for damages against fauodreda of persona who . obtained uregon . land oy fraud and who : are protected : by the statute of limitations, but this statute does not operate in the damage actions. The question la whether the United States baa the right to sue the peraon who obtained land by fraud for the value of tha land,"- explained .Mr. Mc Court today. : Tf eucb actlona can be brought and the court will decide thla Monday hundreds of persona who ob tained mllllona of dollars worth of gov. eminent land by fraud and are now pro tected from criminal action and suits to cancel patents by the. statute of limita tions, can be reached.-a ;: Tf I obtain. the ruling that the gov ernment has a right to bring such dam age suits, land grafters- all -over the United States can be chased out of their holes. Men who 2Q yeara ago got land by fraud and were exempt rrom action because of the 'statute of limitations, can be reached. In Oregon alone the value of land worth many mllllona of dollars could be recovered. ' ; Heretofore, tha government baa fteen handicapped . in reaching ' tha graftera because .of that selfsame atatute . of limitations. With ; the right however, to bring damage Suite,, wa can 'reach all.. X' am certain J .can obtain, t, rul ing in favor of the govern men V' and If so, -win at once bring innumerable damaa eulte.". 1 ;,Tlte atatute f-llmlbatlona In criml- l nal cases' makes it Impossible to reach the persons suspected of fraud, after a period of three yeara after the 'tima the fraud was committed, has elapsed. Tha statute of limitations In cases for the cancellation Of patents runs for alx yeara1 :-r -i "If the ruling la obtained." continued Mr. MoCourt ('It will affect aU who obtained land by- fraud and have money or property which ' can be reached through a oourt of law. It will make no difference. If they sold the land in question. -I am, asking If the govern ment has a legal right to sua to re cover value of land obtained by fraud, at tha price at which it waa estimated to be worth at the time It waa ob tained," . - '- 1 . ". ' t - The decision' will have a roost Import ant effect and will menace grafters all over the United tftatee,: .Mr. MoCourt torney general for several months. CuuniM-l for the C. A. t-niiHi ,.-;, cspltallats antlclpat.-.! Mr. - move, but he aa tluy tan nut f -stall him. Former Uovernur Ji- i Llnd of Minnesota and Atorii-y I ' .. t of Minneapolis, are In th rlty pio. paring for the argument MotiJny. T li y represent the C, A. Ktnlth Intrr.'-i ., and are preparing to flu lit aealnat !- olslon of the matter of the right i t has had tha matter up with tha at-It he government to sue for the value of tha land obtained by. fraud. y?-' ' " P, WOO.with JJueto, Lamps and Tools. . '?ySfgr. ' . ."','.'.. '; ..... i, r-'. ...X X .' 1 . Ijfr- ; V -" ' -y ! . ' . '.' ,' ' ... v I" .-. HHHE new $1,800 Rambler is the same m A quahty and matenals as the higher-priced models. In fact, it is a reproduction in smaller 1 size of the new 45-hqrsepower Rambler. Built for the man who wants a ;car of some- what smaller size, yet of exceptional but not extreme power; a car easier to get about with and easier to drive. i . t ' , With 34-horsepower engine, the Rambler offset crank shaft, straight-line drive, ' 56-inci wheels the advan tages of 'clearance Spare, Wheel, engine accessibility, v aluminum front floor and magneto included, is some-, what better than other cars selling at a" higher price. - may we give you a aemonsirauonr Rambler Auto Company ' 526-8 Henry Building, "Portland, Oregon r r I 4.1 y Ten Town Lots Each iOOxlOO; Feet::in- , - - if WILL.BE - ' J .-f ' ... .", J ' . ', : : vtfl' - . ' "" ' - - ' .-" " ".: '" - i- : h7 ah rnm . u U Mi VU iW . GIVEN AWAY t ,To the Next Ten Purchasers of a i ' v- Five or Ten Acre , Adjoining the Wood burn Orchard Co. Tracts 1 1 TU)TTTTiT) :. ALREADY PLANTED wm&ew ii'iiAisjn). ALREADY PLANTED ' - Free Excursion and Dinner on Sunday, rApril 17 ' . ' ' Phone or CaU for Particulars Send for Our Art Folder ' '' 505-'506 Henry Building. 'Q Fourth and Oal Streets Phones: M 8304, A 7473 Office Open All Day and Evenings From 7:30 to 9
