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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 21, 1911)
THE OREGON. SUNDAY JOURNAL, ' PORTLAND, ' SUNDAY MORNING MAY 21, 1011. POVERTY IS TO BE LESS IN HOMES OF ACCIDENT WIS .t v.; v . .4 t; f"1 -4 ' t '' v .n' : , Remarkable New Washington Caw jGoeV Into Effect June (. :) , Providing Fixed Compen , jsation; Employers Fund. ; Anilal ftttnstflfc' t Tna Jonraal.l Olympla.-VVash., May SO. Former .Am I aUtant Attorney Uenerai deorgo 1J. Lee,' t ",.. Pratt of Tarntua. and W. II. Wll. ' lc of Seattle, who twill comprise Jib -. Doard of employers- liability, wnicn was i created by. tha recent legislature, Will 'meet Boon to formulata plana for con- it and distribution of tho accident, tuna f It la Ukaly a teat eaaa will be brought ' to try out the constitutionality of in law; v than tha numerou deputies will f be appointed and tha commission will ; taka a trip eaat to confer with eotoe big li liability Inauranca companies to learn detail and method. . : i ' Vereentare of Payroll raid Xn. I?. Tha eompanaatlon ct the member of " tha new board la fixed at 13100 per an num and the laat ' let lalature '. appro priated 1160,000 for aalarieart traveling : and incidental. , A fund amounting to i l,i00,000 will be assessed against rh Tioyara with which 'to defray all claim i for Injurlea received by employee. Kaon employer la to pay ino tha Stat treae ury me nrsi or. eacn year a perceniagf of hi total payroll, the assessment to . vary according- to tha danger of acci I denta of tha buslnesa ' 1 - . In the event of an accident In an era- ployer'a. establishment, the- commission ; win be notified .and a deputy will ' at one fix the amount, of damage tha 1 Injured person 1 entitled to receive. There will b no long, tedious lltlta tlon with the result that when tha dara ; agea are finally adjusted, lawyer walk f off with tha Hon share of the amount t allowed by the courts..' 'a there , will ; be a fixed award for eVery class of In ; Juriea tha unfortunate will receive aid f when It will do them most good. ' Klf Tension la lomt Oases. . The compensation schedule covers ; death and disability In varying de ; greee. Where death results funeral ex pene up to $76 are allowed from tha ., employers' fund; when a workman leavea a widow or a woman an Invalid , husband, a monthly payment of $20 ,; spouse, to cease at tha end of the month at which remarriage occurs. The eur- vivlng spouse shall also receive $5 per month for each chfld under the age of ! 16 yeara at tha time"' of the occurence of the Injury, provided the total amount i; paid tha widow doe not exceed S35 a C month. Upon remarriage the widow re ceives ' a lump sum of $240 but tha monthly payment to the children shall continue a before. ' If the workman leavea no wife or bus- band but haa children, each child shall reoelv a monthly payment of $10 until ; it reachea the age of 16 year; a da- pendent upon a workman not apouae or child wllr-recelve a monthly payment i enuai tA. one-nair tee 'Aenerit .ntwviniiac HREE IIOADS SIGN JOINT USER liOTE 0. & W N, P. and Milwaukee Share Grays Harbor , Facilities. ' ..r : B. i (Bpet-lal tnpb t Tb Josmsl-t Aberdeen. Wash..-, May til. 3, Bridge, attorney for the O.iW. R V N. today announced l that the agreement for Joint use of railroad faclllt lea here between hie -road, tha N.' P. and the C M. S p.' S. haa been signed, also that work In the unlos depotvon the water-. rront rinea oy tne o.-w, R, v., will atart at once. The v station ' will be worthy of the importance of Aberdeen and one of which' the city will not need to be ashamed. No other traffic agree ment of importance was announced, v SB DIES . W.Ve.'- Ritchie, ; Recently From Portland,-Meets Terrible,' Death.. at' Umatilla.- (Botclal DlKMtc tn TbtNJoerBl. ' Pendleton. or.. May 20. Umatilla waa the scene of another" tragic acci dent this mornins when' W. E. Ritchie. a switchman, fell: under the wheels, of moving train ana was - instantly killed; ' -The accident occurred about t o'clock while Ritchie wee assisting . In the Railroad yards, according to tela- nhruia 'ommunlcatliinrA.Alvai4 it thla City. ; ' No one witnessed the traaedy and it is not known how. It happened but It ts supposed that ha lost his footing and fell , between the cars. Ritchie waa about 40 years of age and had been employed in Portland before coming to Umatilla two months ago. Be leaves wife and two children. , Coroner Folsom was notified and left immediately for Umatilla.- Tha body waa brought to Pendleton this evening. i ly receI4,V Jfre, werkiriaels-iidW the i age of SI-yeara' and -unmarried at the 5 time of ihls doith, , his. parent' will be paid $20'- ft month' VntU the tlm. at which a M.WOU14 - have arrived at 21 yaara, :? ' ''.-.- ' .,. Total SiaftblUtjr dasea. ' - v Permanent . iotal disability mean the lose of both 'legs or arms, one leg and one arm. tout loss of eyeslaht or othlr condition - permanently .incapacitating of the plaintiff that certain of tha de fendants have been guilty of any crim inal acts, but only attempt to hold them by reason of their gross neglect of duty. It seems to me that the di rector of a corporation are required to exercise reaaonable care and diligence tn the management and control of a banking Institution and are only lia ble for gross inattention and negligence. . The director entrusted to Moore and Morris, the president and caahler, tha duty of carrying out the, details of tha business and. the power. to employ and discharge employe.. I am of tha opin ions that directors under our statute would have authority, to delegate such power to .the. president acd ea shier. They coma noi rav- aeiegatea v tnem the authority -of mailing loans and dispos ing, of. lh ecurltles'of;tb bank and then when ' loss ensues,' escape liabil ity by aaylng that they authorised tha president ana. casmer to act. for them. Directors' Dnty. ; v he' duty of a director of a. corpor ation is to "direct. . 11 must take an actitve interest In the care and manage- FAVORS COMMISSION FORM. ' "aaaja.s! ' J Jl ' i ' ' i '. STUDErff DEOATER ': LOSES THIS YEAR Hood River High ; School Is ; .Worked Up",' Over, Fail-v ure of Spaulding.' . ih. M,kn..'.;..wm. ..i,.A.. i. .i j pieni r .ipB.oiin.,,n snouia i00K at- i month It tk. workmln 1. u loan- anA ai.count. and It. ae- marrlel and"I2a a. mnnth with, tc.n V"'11""" ",vl yowu i ui eacn child under the age of la. years If the .Injured person in '. a, marrled man, or a woman; having an Invalid husband depnndent upon -her 'wages for support Minor Injurlea are compensated In pr- . portion to me extent of disability... ' The new law" goes info effect June 1 DEFUNCT BANK , (Continued from Page One.) be exercise reasonable care to see that the funds which' are deposited In the bank are Judiciously loaned., : Depositors' Bight. "If he falls to do so, he should be held liable. The depositors have a right to say to hlra: . 'You held yourself out as a director and you did not direct, now reimburse ma for your failure to do so,'" ' ' . " :. :.: : The ' bank case Involved two suits . brought by Thoroa C. Devlin, receiver, ' In behalf of tha German-American bank, with Institution took over' the asset ' and liabilities of the defunct bank, ' which failed In the fall of 1907. One suit was against the bank directors and " George Estes, 8. W. Btryker and J. F. Reddy. Tha latter suit Involved the '.: purchase of the Pacific A Eastern rall- way, In which a conspiracy waa charged I: between tha . directors and tha three last named men. . i ;. BnoalA Be Xilabla, , . a. ' - It was contended by Receiver Devlin ' that the directors who were such dur S lng ' the time when losses occurred H should be held liable by reason of their t gross negligence and Inattention In the administration of tha bank affairs. H. ,:: A. Moore, Lytle and Frieda replied they wer not directors, claiming they, had i never been stockholders or qualified as directors. liVtle -claimed he was not a -, stockholder when the other directors 5 finally elected hfm a director. , In reviewing tha- aae, Judgev Oatena ' aald: I "The evidence tends to ehow that H. ' A. . Moore' paid, little or no attention to the affaire- bf the bank," bit permitted his, nam to appear upon, the literature t of' the bank; that the defendants, Tiy tie :: and 'Fiiede, not only' permitted the use j of ' their names upon the literature and ' stationery, but attended i the meetings vi; with other directors and took an aotlvey 4 interest in is management and affairs. Oonverked" Money to Om Use. T "It seems to me that where a person hold hlmaell out . to tha. world and permits hi name to be used for the f ' purpose of giving a banking Institution credit and standing ; in a , cbmmunlty, and depositors Intrust their money to a bank by -reason of their confidence in - the Integrity and good ' business Judg- - ment of such ' person, the law should ' not permit him, after the bank ha be f come- insolvent ' and liability attaches, f to say that he was not a director. ; ' "It Is alleged-by the plaintiff In this case that the defendant, director were v guilty of gross negllgenoe in that they did not exercise a proper degree of car and supervision In .the management and 3 affairs, of the bank; that had they ex erclsed a .reasonable degree of care they ; would have ascertained and found that i, tha defendants, W H. Moore and W. C. Morris, had been extending large lines of eredlt to Irresponsible persona and f that the defendant. Morrla had converted ts his own uaa large sums of money. "li t is not, oonteadea Ufion the iart I rectors who receive no compensation for their services should devote. their whole time to the affairs of the bank.8' " "The evidence ' shows' that the de fendants , Lytle and Friede visited the bank each ' morning and ' passed upon all loans wMch were' presented to them for approval; that they were not In formed that Moore and MorrlP, were secretly extending, large, llnea. of credit to irresponsible persons or were using tha funds of the bank for their pri vat, use. . That the defendant Lytle be lieved tha affaire of the bankv were in a proper condition la shown by tha fact that zo days before the bank closed Its doors he paid $35,000 for 1500 shares of tha bank s stock, a premium of $10,' Bxaainod .All Vote. "Lytle and Frlede received state men ts each week showing the bank's condition; - that during the month of June, 1006, Lytle and Frlede examined all the notes that were In the note pouch of tha bank; that they there found notes of the Order of Washington; that they objected to further- credit being extended to that concern, although after the bank closed its doors. It was ac certained that further sums had been advanced to the Order . ef Washington ; that at about tha same time, they dls covered the indebtedness of the John Barrett company to the bank and that at their request, steps were taken to protect the bankf that at tha same tlma they : discovered a not of the Qoldea Eagle . company; f that . the defendant Frlede, objected-to this not and said ha did pot want ta loan any mora money to that concern; . that ha procured aa endorsement of said note by one Mr. Wright, which note waa subsequently paid ; that ' it was understood that no further credit should be extended ' to the Oolden Eagle concern. - Court Veaa . Coagptraey. "The testimony further shows that when; Morris requested tha defendant Lytle to visit ; Med ford and there In spect the Crater Lake road,', that Lytle Informed :. Morris that ' the road waa worth about what It would bring for old iron and . made, inquiry of him aa to whether or not the bank had aiytMng to. do 'with -it. He wa informed by both Morris and Moore that it was an individual , investment and It waa none of tne bank's affair." i '.The testimony , showa that of tha various - loans passed upon by tha de fendants Lytle and Frlede, none of them reaulted la loss to the bank. " "l find from the evidence in this case that there was a conspiracy on the part of Sates, " Btryker, Morns and W. 11, Moore to purchase the properties of tha Medford and Crater Lake railroad com pany for their -own Individual profit anil benefit, : and . find that ' the defendants above named, together with It A," Moore, are liable for the sum of $14,(00. - i "The court Ja therefore of the opinion that the defendants, W. H. Moore, H. A. Moor and. W. C Morris,, did not exer-. else a proper degree' of care in looking after the affair of the bank,: but I of the opinion that the defendants, Lytle and " Frlede, did exercise suoh care aa to relieve them from. liability,", ," WilHam Schmeer. 1 mm a firm believer in tha comml- eldn form of government and It cannot be put into effect too soon to suit me," say ', William' . Schmeer, . who haa been nominated as an Independent against Councilman K. ;K Kubll. in. tha eighth ward.. , "iz my term or ornoe were only two weeka, and in that time t were able to assist In bringing about a better gov- eminent in Portland. I would be satis fied. ..;.",. "I -have no private Interests to serve by going Into the council. I waa urged by numerous, friend to enter the race, and when on Friday the circulation- of nomination petitions waa begun I via surprised ' by. the1 response. This evi dence of the good- will of my old neigh bora l very gratifying to roe. "If I am elected I will give my beat effort to he city' Interest. It will be my object to enforce strict honesty, to stand for economy, to fight the lob by of special interests, and to secure a business administration of affairs, I will stand alone, if, necessary, in do lng what I .believe la right, and no on ill own me. "I have not been seeking this office, am. not a politician, but the matter waa presented to me in such a way that believed I should make the race. I will make a clean fight, and hope to win on my merits. I will make n6 speeches and engage in no scramble If the people of the eighth ward want me, shall be glad to serve them to the best of my ability." . A third candidate In the ward, -be- Ides Schmeer and Kubll, is Frank M. Kelly, a Democrat He la a saloonkeep er and Is not expected to figure strong ly In the finals. Mr. Schmeer waa a candidate for the council about 12 years ago and lost by two votes, after a re count. In (his contest his attorney failed to allege fraud, and certain votes wbioh would have .been; thrown out aa fradu lent had fraud been alleged were count- edgalnst him, tr? fiohmeer being ( sured' by Judge Fraaer, wno-conducted the recount,, that be waa In fact elected, ' fiince that time Mr. Schmeer has tak en no active part in' politics. He la a pioneer" furniture dealer and la presl dent ' of the Schmeer Furniture oom- paoy. He bag been a substantial tax payer In .the eighth': ward, for 48 year. ... WU : BnOd Spray Want. ! ' MSpwlal DluHttca t Th Xoeml.) ' - Hood River, .Or, ,May I0.The Hood River Spray, company,., which 'haa been ailccessfully operating a plant here for several years, ' has made application to the cltv council for a permit. to build a factory near the freight depot, and, If granted, the company will build a much j ' (gpeelal Uspstck te Tke ifwA. ' Hood River, Or., May 20. Consider able ' excitement prevailed In Hood River) High school circle yesterday because Earl Spaulding, member of the senior class, who waa to have gradu ated this year, was not permitted to do ao. ' Young Spaulding participated In the several High school debates and a result fell a few points short of tha grade required in one of his stud lea and thus failed.' The atudenta who graduated last night refused to accept their diplomas at the publlo gathering and were given them' after the exer cises were over. The chair that waa to be occupied by Earl Spaulding atood vacant on tke platform and cauaed a great many lnqulrlea and much com ment. . . Earl Spaulding la a young man working hia way through achool and Is a general favorite among the atu- aent. xne eiupenis maae an appoint' ment with. the board of achool direct or yesterday and attempted to adjust the matter but no satisfactory result wan reached. They aay Spaulding waa asked by one of the faculty to taka on the debating work. REINTERMENT OF 8000 MAIN IS PROPOSED San ' -The (rubliihw.' Press teaaed Wlxa Francisco. Pal -. ir . validity' of the law requiring the pay ment of a. $10 fee before i hn'r t exhumed ''romvita grave waa attacked today by tli Chinese six companies, wheo permission was asked , to remove the $000, Chlneaa. interred. In the old Chine cemetery' at San Mateo. $ y, It la tha daalr of the Six companies to exhume tha bodies of the $000 Chi nese and ship the remain to Chins for reinterment But the Chine (refuse to pay the $19 per body, or $$0,0)0 for the $000, . Through their attorneya they allege the old law requiring tha fee haa been vitiated by' later legislation. The Six companies will now bring a test case and carry It through to the supreme court If necessary, i See Big Piano Sale. Announcement ' of Ellera Music House (now at" Seventh and Alder), page 6, section 1.? thl paper. MOOSE WILL INITIATE . 200 MORE AT.RAYMOuD (RpeeUI rHptfh U The Joorml.V - Raymond-, Ween t May 80 Another big 'Initiation Is scheduled for next Tuesday evening in this city by tha Raymond lodge -of the Loyal Order of Moose. Two hundred candldatea wtll be taken in, which' will bring tha total membership up to 450.' Arrangements are under way looking toward the, building of a permanent homo for the lodge in this city. v . .. . ' . , Journal Want Ada bring result, I ifomisers $10 Woiril Free! . Owin,? to the backward season, I am overstocked with woolens. I must reduce my stock and I am going to give you more for your money than was ever before given by any tailor. " I will build a suit to your measure from any Spring or Summer pat terns you may select, worth from $30.00 to $50.00, for only SOLDIER-MURDERER KILLED BY POSSE ' (DnlUd Frets I.e4 Wlre.l Cheyenne, Wyo., May 20. Private John Lepp, eleventh infantry, wanted for crushing the skull of Private Bur gess and mortally shooting Private Coyle, was shot to death today by a posse headed by Sheriff Hughes. The tragedy occured on Pole Creek, 10 miles north of, Cheyenne, where Lepp had taken refuge in a haystack. At the time of his death, two soldiers from Fort Russell, who were hunting for him, Were asleep In the atack, and that they escaped the bullet of the posse Is re markable. Both of Lepp's victims are in a criti cal condition. VICE PRESIDENCY (Continued From Page One.) fill them, the president will be at the command of the people." At about that tiny it waa deter mined by the presidents friends that a straightening out of tha kinks was one of tha Immediate necessities. The plan to secure tha resignation of Secretary Balllnger , waa devised, but It fell through because of a bungle. It may be remarked that It la quite likely Mr. Loeb Jr. will be summoned, to serve as Republican national committeeman in the ltia convention. - .-J - Beporta Are favorable. Missionaries are now - in the south and favorable reports are coming in. From other sections it is aald good reports, are likewise , being received. According to tha . International News Service , correspondents, information in tha New TorJc delegation 1a now aa- sured to Taf t. The Taft people are not really fighting any ether well defined candidacy. They do not believe La Follette can secure any considerable number of vote, and the mention of tha name of Hughes doe not create a nppie oi comment. What the friends of the president are aiming to do now la to heal as far as possible the breach in the party and put hia renomlnatlon beyond dis pute. In every, way poaaible the pro gressive wing or tne party Is being placated. . . . Aa to former President Roosevelt, it la positively stated that he will not attend the national convention. He is neither for nor against Taft. He has informed hia friends that he desires to bo let -alone. MR ii 1 Tk I rH: v. , , x in tart ;.,v r "jtK Mt'. '"'fi.'- With An Extra Pair of Trousers Worth $10 Free , . ' ....... Union Label in Every Garment I will make the extra trousers from the same mate rial as your, suit or from any beautiful gray or fancy striped trousers pattern you may select This as- sortment includes Bannockbum Tweeds, English Tweeds, the late Niggerhead Cheviots you can't buy in any 'tailor shop less than $50.00, together with all the late shades of tans and browns, English Worsteds and the famous United States Government Test Blue Serges. I have spared no money in se curing the best tailors this country affords, and I will ,; see to it personally that you will not leave here un less your suit is more than satisfactory in every detafl. Robert Ooim 125 Fifth Street XT sax Washington. OpenXve'g. THE TAILOR glam 125 Fifth Street Vear Waanlngtoa. Open Xve'ga. - See Big' Piano Sale. ' .- Announcement of Ellers Music House (now :at , Seventh and .Aider), sage I, section 1. thl panes, . ",. . ' . ..'.... Fomed Oak Furniture . jit? '. ' t Fumed oak is of a rich, nut-brown color, beautiful iri itself restful to the eye and particularly pleasing with brown woodwork. It is the most popular as well as the most durable oak finish. - You will be interested in our stock of Fumed Oak Furniture,- which Is notably large and complete. It includes Dining-Room Suites and odd pieces, Chairs and Rockers of every sort, Settees and Davenports, Library ; Tables, Breakfast Tables, Desks, Bookcases, Book Racks and Magazine Stands, Hall Consuls, Mirrors, Costumers, Taborettes and Pedestals, and many interesting and out-of-the-ordinary pieces. Most of this, furniture is the well-jcnown Craftsman style, but wft also offer beautifully carved pieces in the Old English periods. Much of our Fumed Oak Furniture is made by Stlckley Bros., Berleey , " & Gay and other famous makers, and is of the finest selected oak, perfectly made and beautifully finished. Some of it is much more cheaply made. But it is all good furniture handsome, liveable and durable in tne highest r de'gree Moreover, It Is all marked at strictly competitive prices, so that in buying it you pay for the quality only, and not for exclusive- ' ness or the great reputation of its makers. New Summer Rugs Full stocks of new ftag Rugs, in every size and color, are on show this week. Made of perfectly new cretonnes, they are at once sanitary and beautiful, The colors are soft yellows, tans, grays, blues, pinks and greens. We carry several grades, all of excellent quality. Size 27x54 inches, from $1.75 to $2.25 Size 36x72 inches, from $3.00 to $4.50 Size 4x7 feet, from,. $5.00 to $7.00 Size 7 ft 6 in. by 10 ft 6 in., from $14 to $20 Size 9x12 feet, from $17.50 to $22.50 New Bungalow Fabrics In preparation for the Summer season, we have brought out jl large number of inex- pensive but exclusive tapestry fabrics for bungalow. Summer house or beach cottage. They include new reps, crashes, scrims,' chintzes and novelty weaves.1 Many r are plain, some are prettily figured. Reps, novelty weaves and other drapery fab- . rics range from 60c to $1.75 per yard Scrims of every grade and color 20c to $2.50 '; Alyth Cloth, Mossgeil and the many Sundour -fabrics range from $1.25 to $2.90 per yard : , " .4 Fifth and Stark : .11. 1 i Vl af.lr &r (Uffi., X G. Mack & Go." Fifth and Star!:
