The Oregon daily journal. (Portland, Or.) 1902-1972, June 18, 1911, Page 2, Image 2

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hi. wait, am
Ill' OHIELffi
i ji ii. j i i r 1 1 uui ii aWa
Judgo McGinn's insirucuons
. to jury txnausiive wom:
.,an j-Had Accepted $10
vvJury Disagrees at Trial.
;V" Tht ueton of what effect 'lnJ
rataaaa ) In Knl Injury cases
eovored laat wek In th inalruc
Uo llvan tT Ju.: Henry McGinn
JuT In circuit urt In th fM
tt &fsrjrar-t Oiairper aaalnat the Port
land Railway. Light Power company.
'-, In Instructing tha Jury the Judg dwelt
at . leoath upon -the condition tinder
Men a releaaa tan b riven, Myl"
thtt no falia representations must be
mad by th aaent' In having an ln-
Jured person aigu away right for ra-
covery. V ;. .' : - '
Margaret "Chamrrr waa dragged by a
etreet car laat Match at Taanty-fourth
and Rooaevalt trt. A few daya after
ker accident, an agant of the atreet car
, company cured her algnaur o a re
lease. Th company .contended thla ab-
anLved It from all action for damage.
Attorneys John J-rgan and I. N. Smith
argued the woman did not know what
she waa algnlng. Tha Jury dlsagroed.
. standing evfn to flva fdr tha.wanwn.
' Womaa Aoeepts $10,
' .Tha relesse. atated tha $! racelved
by the woman waa 'for damage don
by reason' of her rtclrt being caught an
tha atreet car." Attomeya Logan and
Bralttv contended ll.a company took ad
vantage of ber exrltd condition In aa-
' curing bar algnetura t tha release.
vThen, Judge McGinn Instructed tha Jury
an tha. law ha aasd In part:
"Waa thla release 1 given (by Mlaa
. Champar with : the Intention to f relin
quish all claim for damage: which aba
had agaliurt thla defendant, - tha Tert
ian Railway LUcr.t A Power company,
riwag It given in payment-for the
clothing which aa loat at that time, and
which ha bean Introduced in avldenc
before you T
' 'Whenever people come together and
hate agreed to a given statement 01
facta. eaDecUlly in buataeae af falra.
and have agreed ta put their under.
aUadlng 'lit writing, -that writing Is
strong evidence of what their under
standing can possibly be. There can be
, no addition or substracUona, or any
thing of the1 kind. Whenever they
bar coma togethtr and-put them in
writing, '.;. ''- '
v 7- Ira ound a Xt.
1 aayk that Is the atrongeat avldeno
of what their understanding la. It la
made aa a . perpetual memorial.' to be
. nerpetuated In af lertlmea aa to wnai
they , have agreed, and, though there
may be time whea a person-doea not
know what ia in the document the law
requires him to . exerclw hi power
of hearing, aeelng and reading, to 'do
thla. aa a reasonable and prudent per-
; eon ought t do to kscertaln what la
contained in tha writing. "
' "If they fall to do thJe, thay fall at
their own peril. Although they may not
entirely know what la contained In tha
writing, they' are bound by It If they
have mean of ascertaining what la In
tha writing,' and fall to exerctae tnoa
mean. - And yet there 1a a time and a
place In the law when thla writing doea
not hava this force, Thero la a time In
tha law rand a place, too, when thla
prudent person.- who la called upon to
exercise thla care, euch aa I have In
dicated, Is excused in a way from not
' cxnrclBtng It ', - j ' - - i
Now. what 'are the occaaiona which
take from this writing Ita force and
power T What are tha tlmee which ex
cite a prudent person from exercising
- this care which otherwise devolves upon
" him?. ... '. ..'.
Exceptional Oases.
."Whenever people deal at arms
lepgth, and upon an equality of torme
Iius this term 1at arms', length.' be
' cause it 1 a homely term used by law
K Is expected that each one Is look
ing out for himself, and tha law aaya
, when they have agreed to what their
dealinga are,, or shall be, that that 1
the end of it.
-And, if in this case, between Mia
- Champer and thla young man who con
' ducted tha pegotlatlon for the com
'pany, they ware dealing at arms' length,
j ana wimi iney were uuinj in id- w
v Afi''' V1
, , Samuel Hilmtn Carter,
Ft USE, OPIlfl
' mmmmmm mm mmmm
Consul at Portland Has Liter
ature on His Country for
Free Distribution.
I have indicated to you. then tha Dlain
! tiff. Ml a Cham per a, is bound
and your verdict should be for tha de
' fendant. .
' "But there is a time when there I
a ; confidence begotten betVeen people,
when one must not suppress the truth,
or suggest anything that Is false And,
where that relation, confidential in
character, fcegeta a confidence, the vio
lation or abuse of that confidence may
deprive this written document of tha
1 fore and value which it would other
'.wise have '
., ; ' What Ware delations?
"Was there any relation of confi
t dence between these two parties?
"Did the agent of the defendant know
more about this accident than Mis
Champer did? Waa defendant In
a ; position to realize what the conse-
'fluencea of thla accident might be
j did It'a agent' suggest anything false,
T or did he suppress anything which he
j should, or eouW have told her?
I have no right to tell you. because
you are the judges of the testimony In
thla case, and you are to say in what
relation they dealt, whether there was
' that honest and fair dealing between
t them that would characterize fair deal -
, Inga between people. And, if in this
j. case you find. In the dealings, there
' waa a clear understanding that Miss
' Champers was to pert with whatever
right of recovery she had for her In
.' Juries,: and vthere was no confidence
begotten by reason of their relations,
and by reason of what had happened,
i and that there waa ho suppression of
the truth, and no . suggestion of any
.l itijag false. 4. then - Mis Champer I
j. bound by thl release, and your verdict
should be for the defendant In this
esse. . . ' " . t -,- - .
Mf Mis Champer was led to believe
? she waa only getting compensation for
her clothing, and nothing else, by rea
, on at any suppression of the truth,
or any suggestion' made to her -of anyr
thing that waa falae, than, thla writing
would net be entitled to that force
', which we give, to writings of thl char
acter, and aha would not be bound by
- y Canal Nearly Finished.
" West Btayton, Or., Jane 17. The Went
Play ton Irrigation canal waa virtually
, completed today and the crew are bow
at work on tha mala laterala. Construe
! Hon was commenced Ista lrr January. It
' la confidently expected that the laterals
will ba completed, the finishing' touches
put oa and water in the canal in a week
. in, dvy.. in, .ample time . for this
aummar crop. ' ' i
While there I plenty of acenery In
Oregon and other part of the Pacific
coakt, tha state annually, contribute
many tourist . to the European trail,
Usually , a trip to the towering fast
nesses of Bwitserland Is Included, and
those who contemplate such a Journey I
may find much to assist and interest I
them by obtaining literature from the
Bwlea consulate.,
A. C Bigger, the consul, has recently
received a supply of literature descrip
tive of the different cantons of his na
tive land, with maps, hotel guide and
pamphlets issued by various cltiea off I
the mountain republic. Borne Of the
most valuable publication come from
the publicity department of the fed
eral railway, the railroad line of
Bwitserland, or most of them, being
owned by the state.
Two beautifully Illustrated booklet
Issued by tha federal railwaya tell tho
atory . of travel as seen from the two
great lines that pierce the Alpa and
take the tourist through great tunnel I
to Italy. One of theae Is the Stmplou
route, from the Lake of Geneva to Lake
Magglore, the other the -8t. OotharJ
route, from north to south through the
storied hind. The tunnel through. thd
Alps on the Slmplon line is. over 121
mile long, and that of St Gothard la
over nine.
The government booklet deeeribe thj
engineering feat in the construction of
the tunnel, the towns, the valley and
the mountain, and are Illustrated with
fine half tone cuts in colors They
compare well with the advertising lit.
erature Issued by American railroads,
and the phrasing is admirably fitted to
stir the anticipations of the tourist.
Another little book tells of the unlimit
ed travel tickets sold by tha federal
roads and the rules and regulations
of the roads.
Other literature received by the con
sul describe Lucerne, Thermalkurort
Baden, Montreux .and Interlaken, , Ber-
nlna-Bahn railway, Engelberg, Burgen-
stock and Stansertiorn, Thun. , Wen-
gernalp, Bahn, Zermatt, Bchynlge-
Platte and Pontrealna. Prospective
tourist to the land of tha Swiss can
obtain Information, guldea and book
lets from Consul Bigger at 111 Board
of Trade building.
Owner of oil claims in the Malheur
oil belt are said to be Jubilant over the
atrlktng of a substantial flow of oil
Just encountered at a depth of 1700 feet
in the Malheur well, owned by a com- j
pany in which the Miles brother ofj
Val are ' principal . stockholders. The
oil appears to be plentiful, but Owing
to the great now of water it 1 diffi
cult to bring much to the surface.
The amount of oil -averagee about a
third to, the ball one third sand, a third,
water and a third oil. It la a more
refined appearing oil than that of the
California fields, arid will command a
better price than the California oil, it
la atated,,, J. - ,
Portlander Dies on Ranch.
(Special Dispatch to Tn Jouratfi
Forest Grove, Or., June 17. Thomas
Murphy, agedo years, died at hi home
near Gaston . laat . night after-, a. short
iUnes. Mr. Murphy waa for several
year employed . by ' Lang - A Co., of I
Portland. He recently bbught a ran en I
near Gaston and ..moved hi ' family j
there. Besidea hi widow and a moa
living at home.' he 1 survived by two
married daughter living -In Portlaad. I
Kuneral services will be held Sunday, I
with Interment in, rortland cerae-i
tary. ,
' , ' t .
Says S tatistiQSWi II Sho yv I n -
wuciuiui iuu EApeuaivtr"'-
Superintendent Points Out
Other Details: 1
'Tha CUV Will Um lnnl K.'MM.
matury If I do help It declared Clt
crematory' luparintendent ' Harry N,
Napier yesterday afternoon in tha proa-
encu or representative of tha pre and
an employe pr tha city health office. -
The burner ta a fall are. as obaerva
tlon of statistics that I have compiled
every day for the pat five month will
how to any taxpayer who caraa to
examine my report. The average cost
of Incineration from December 11. to
May 37. a period of flva month, waa
Tl cent per - ton. Tha oontraotora
guarantee required that tha averagj
coat should have been (I cente a ton."
Superintendent Napier referred to tho
new Incinerator! at Oulld'g lake. The
Publlo Work Engineering oompany, of
which A. B.-Manley I president waa
awarded the contract ta construct tha
burner, tha contract price being $l.00.
Mora than 0,0a of thla amount haa
bean paid to the company oa apcount
and at the conclusion of the omnia! aix
months' test of the plant. June 17, the
Incinerator will b up far , acceptance
or rejection by the health board, It ha
been rumored that the board would ac
cept the plant If tha rumor ahould
nrov. true the city would have to pay
over aomethlng more than f 10.000 to
the contractor. In addition to the
already paid. , - .-,." .
, wni rigat u nai, i :
- "1 am going to flgbt thl thing to a
finish," continued Buperlntendant, Na
pier, '"and f have the assurance, of
number of prominent' taxpayer that
they , will ' tand behind 'me. If ' the
health board ahould accept the crema
tory these taxpayers will enjoin the
city from' paying any mora money, to
the contractor. " .... , .
While It haa been known that tha In
cinerator haa ao far failed to meet the
requirement of the apeclflcatlona, the
contracting company hwa laid- areata
trees on what It clalma to be tha eco
nomical working of the-, plant. During
the past two nfonth the refuse haa
bean extremely dry and . hundred of
ton of wood, paper and other highly
combustible material haa been delivered
to the plant Owing to these condl
tlona the crematory haa been ablo to
how low burning cost per 1 ton, . but
during tha , first three month of the
Uat when wet weather prevailed, the
cost rose on aome days - to more than
double tha contractor guarantee.
It 1 aald that tha ahowlng mad
during the laat eight weeks 1 there
fore not enough to bring the average
actual coat below the average actual
guarantee. ... .
'' athow Other Defect.
'Aocordlng to figure 'which Superin
tendent Napier invite the -publio' to
peruse, tho excess over tna average
guaranteed coat for tha flva month
ending .May II ha been It centa a' ton,
or lH per cent
In addition, to large cracks tri the
chimney atari of the Incinerator, re
ported - previously by (Superintendent
Napleoto the city health board, a new
crock ha made Ita appearance. Mr,
Napier aald he noticed thl first yester
day. "The crack l about 40 feet from
the top of the stack. ' v
A large cack at the base of the chim
ney may have been oaummI by the Bat
tling of the chimney.' Superintendent
Napier says that, ao far aa he knows.
City Engineer Morrla. never look any
sounding1 of the foundation lefire the
chimney waa erected. : -
Concluded .Superintendent . Napier! "I
have reported score of defect-, ob
served by me In oetall, and if any of
theae reports dre repudiated -I will call
for an Investigation by . a committee of
taxpayer." . j
;, . , " 7
In answering the complaint filed In
the 'county court against him, Frank
Capen says he made a final account
lng la the eatate of George H. Capen
a Co and the report-ba been ap
proved, k Tne original rompiamt aet
out that Frank Capen had never made
a final accounting to tha court for hi
administration. 11 waa cited to appear
and show why. . - y.
The anawer of Capen acta .forth that
the Uabllltlea of the George B. Capen
estate which waa a shoe manufactur
ing company, exceeded the aaaets. In
January, -I l. ha aasert a receipt for
a full accounting waa executed and ap
proved by the county court , ,
A new foot warmer. for automoblllst
utilise the heat Of both the exhaust
gases and tha circulation water. '
- , (BpeHal DlfftaUh t The JooraaLK
Oregon City, Or. June It. The foun
lain recently erected In McLoughlh-i park
by tha Women'a club of thl 'olin In
memory of Dr.. John McLoughlln, will
be dedicated at 4 o'clock tomorrow af
ternoon. - Addresses Will be mad by
Mayor George C Urownell and Mrs. Eva
Kmory Dye.. Mrs. Leon ue Lane quar
tet, composed of Mrs. W. C. Green, Mrs.
A. K. Frost, Mrs. K. It. Cooper and
Mr. D Lars, will render several se
lections. The 'chorus, which I under
the direction, ofc. Mis Veda Wllllama,
will alao render appropriate selections.
MfLoughllo park presents an attrao-
tlve appearance with Ita well Aept lawn
and beautiful flowera. now In full bloom,
surrounding the enow, whit house that
waa once" occupied by Father McLough-
(inerltl t)lMteM to Tbe Jaernel.1 '
Milton, Dr.. June 17. A, R. Shumway,
a wall known ranchea living abova Mil
ton and president of the Farmers Edu
cational and Cooperative union, waa
married at Arlington on Wednesday, to
Mtaa Delia S. Johnson. ' Mr. and- Mr a.
Shumway 1 will attend -the grand lodge
of tha Knight of Pythla at Astoria on
June 20 and wilt be at home to their
friend at the Bbumway ranch on June
III OF FUlffiS..,
Douglas; Man, at First Be-'
, Jievcd Sbin, Had Habit of
". -. Smoking In Bed. '. : :
(pertsl Dtipetck ta Tke'jverml) ' .
Roseburg, Or., . June , IT.. Later In- ,
veailcatlon Into the dealh-of Alexander
McNabb. who wa burned to death In ,
hi home In . the , mountain II mllea ,
oulhwest of this city Tuesday night T
tend to disprove ' the theory of murder.-'--.
As he waa an Inveterate smoker and had t
the habit of reading while lo bed. It la '
supposed -the' home caught fire-while
h was asleep. No Inquest will be f
held. The body waa brought to. thla ,
city for Interment , r V
(United Pnt laM W!r.V - ',,
Parla, June 17. A SpanlaU memo-,"
randum presented to-the foreign office ,
today attempting . to explain Spain a, '
movemeota ia Morocco,' only tended 'to ti
Increase .tha tension between tha two ' '
governments. - The Spanlah not waa un-'
satisfactory and . in reply the foreign .' .
office declared that France had already '
made known Its Moroocoan policy and.
It "deemed further conversation with.
Spain on the subject useless."
Samuel Illlman Carter,' who died at
hla residence on the peninsula Wednes
day, wa born In ZaneevUle, Ohio. No
vember 18, Hi I. January 40, 1-1(1, be
married Miaa Lydla A..- Buckman, who
survives mm. - . ' -
The following year they started weat
by way ef tha Isthmus of Panama, over
the Nicaragua 'route, traveling on the
Moses Taylor from Panama to
Francisco, and from the latter place
to Portland on the steamer AJax, where
they arrived March It. 11(7.
Carter lived aver alnca In Oregon, for
H year In Clackamaa county, where
he waa engaged In farming, ana for
nearly 10 years at Peninsular, where he 1
waa engaged In business for 1 S year.
He was a member of the grange for
about 17 yeare. -
Three sons were born. Melvin Hllman.
Frank Buckman and Loyd Roaco, of
which tha former, aurvlvea, the latter
two being burled In the Oswego ceme
tery, where the deceased. waa burled
Saturday, Juna XI. ; V -
' Of this bedroom set will gppetl to
a person of refined taste. ; It Is
entirely free from any carving and
Is built lions; plain Colonial linet.
. The kind of a design , that yon
never tire of. . ,
In ' construction it ia above ths .
ordinary. All pieces are of perfect
proportion, extra strongly, con
structed - and thoroughly finished,
A three-dollar payment sends this
set to your home. Pay the balance
one dollar weekly. The -comolete
vuiiii consisting tr psa pm aw
of ' bed, dress
er and , .chiffo
nier, on sale this
week at.' only
Stop and think what this; 75c carpet sale
means to you. . It s too important to be con
sidered JighUy,
iThink of the assortment Over two thou
sand patterns to choose from, Edwards is by
far the biggest most varied carpet stock pn
the Pacific coast. This' sale is not confined
to just a few patterns. Our seventy-five cent
proposition gives you the choice of all car
pets on our floorr without any. restrictions.
Think of the economy. Edwards are noted
for the low prices and high quality of their
carpets. This sale gives you a chance to take
advantage of these famous low ' prices on
seventy-five cent outlay. Come tomorrow.
Get first choice of the new patterns. Brine
seventy-five cents. No more.
v x 1 ' M l'7:':0'l fSte-Mh jist V-! l. " " - " :-' - ( ' : .
WIT 75c ! X :WaJ Inrliireiilll 7i.
v - i. i t. uiiuci . i i f
Hot Plates Under Price
a w "sa- i av m-j . as ; v .a a,w
. not the; smallest and: poor
estnot one that is no use ,
. to you Irut a big one. Read
- the size,-and, if you want to
' look around mark down bur
. offer, or cut out our ad and
asic -your dealer if he can
1 . fx
$1.25 Single Burners; Nickel, ?afi$iiV;V.W6
$2.25 Double Burners; Blarck. 31.58
$3.00 Pouble Burners, ;Idea!?Nickel, '.$2.00 ..' igive'ou suclf a one for such
ou.ii; kuuuic uuiucis, vviuiuuu ocnac . . . n.iiv r;
$5i00 -Three Burners', Common. Sense... .$3.75
$6.00 Three Burners, ' No.' 3099; ." . . !1 , .S4.50
45 inches high, 27 inches
wide, 17 inches deep, 75 lbs.
, in capacity. ; ;
$3.50 Go-Carts at $2.50
Several Carts
for this price, t '
$6.00 Carts, complete,
hoods, special at...... ...$400
T..f -
without hoods
On account of backward sea? -T
. son we 5 mike these prices:
$ 1 .So, Hammocks ; now, 90c -4
$2.75 Harrimocks now $2.15 -V
$3.50 Hammocks now $2.801 r 'ff
j5.00 .Hammocks' now;; $3.75 5 V ,M
4jo ajjcuai uioujuiii un tiii
other Hammocks 20 ..'
... .m. MLii mm . a
1 " . 1
: I asssHBBM aajaaj Mmmm-
nwf)ja 841. ;i .V
r '
lNot thercheapest Beds that can be purchased," but some-
f K'-ti-H ' 'thing worth while.- :.t rt t- I.
$4.00 White .r
Enamel,' Beds
similar to illustration--
,K ' t 1 1 11 S ' 1 WTI l -r.. 'v .
The Rocker is
. larje and . well
made, it is.cov
' ered with Span
.ish Moroccaline,'
looks better- and
.wears better than
ordinary leather.
$2 ash and $l
weekly. Priced at
only $26.50
The Morris Chair has
genuine roan , skin
cushions, 1 spring seat
and a mission style'
f u m e d oak - frame.''
u v. : " - " -.'
LBuilt in one of the best
Crafts i styled fgctories. v s (
ySold: under guarantee:
'$2 - cash, $1 . weekly; '
Price : . . ; ; .".$21.00 '
Jtx6?ki&' r .-7r KM
sitsS:?:l''''''"':3l-; -"
. $4.50; White
V . Beds,"' 'with
... ,
crass krods
similar pat
For Summer Cooking
Thii is" for a two-v
burner g a s o 1 i n e
stovje, like f-illustra-tion,
$4 value, Eco--nomicat
and. reliable, y
We also have ' alco- Vi
hor and kerosen e
-' "v.'.y.:
Special Sale of -M i
Inlaid Linoleum
-,r stoves. . 1 ' ' fJ
. - . ... - - " ' "' - ' ' 4
I Lr in 1 T,1 J a
$1 the Yanl
One - very desirable oat..
tern on-which' we are,over
' stocked. i ':'.'- " " r ; ; ' V'..':--''-'
A Oo od P 1 ace To Tra de
)tit):iii.i? -.m'li
BBaaa i . a a rsaw a
I ; 5f l Monarch
' I A. I fn Valleable
Only One BiJI to Pay
; You can get everything her to.
, furnish your home completely.
' You need only set aside a small
sum .each - week 'or .'month y to .
. provide for all . your furnish--
ings.. Therefore, we say do not .
buy here and there and always
C be running ; short of cash, but
try . our i credit plan... You VtU
find our prices reasonable. -'t;vr
I 7