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!: