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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 21, 1911)
THE OREGON DAILY , JOURNAL, PORTLAND,'. TUESDAY . EVENING, NOVEMBER 21, 1911. COMMENDED ' t r i In Address - Before-State Bar I Association Judge KingSug aests 'County Courts Be Done Away With, v r I Revolutionary chance in the present f judicial system ' in Oregon are rsoom mended In the address of ex-Supreme rCourt Justice Will R. King, made i f ore' the State Bar association meet-jting- In the federal court today. Judge .King recommends among other things the establishment of . a water -board fVniirt to t rv all mutfr eaana. tha Aft t ah. ishment of a new. appellate court to oo- scupy : a position oetween ine circuit f court and; the supreme ipourt and th automatic Increasing of the ' number , of judges of the ' circuit court, doing 'away altogether with county courts, j The delay and expense of appealing leases la one of the greatest evils in J the present Judicial system, said Judge t King. At present the cost of appeal ',1a such that It can be born only by '.wealthy litigants who can pay the cost of printing, and other bills and who tctn uioro io wan several years tor a decision. - Even then, he says, the cost of the appeal is apt to , amount, to a sum greater than that In. litigation. To Increase the number pf supreme court (judges would not solve the problem In the opinion of Judge King. . It would result, he says, n tha court sitting in two -divisions aa Is tha - case . In . the atate of Washington, and returning con rtradlctory opinions. - , & Benefits of Court of Appeals. L Judge King says the solution Is tha establishing of a court of appeals to .consist of three ... members, the number ' to Increase In proportion with the popu lation of the state. Cases could then ibe- classified .so that one class may stop with tha court of appeals and such .appeals as might be taken to the su preme court should be , limited to do clslons upon questions of Jaw only. L At present . more than ' one half - the 'time of tha supreme court Is consumed In reading testimony la equity oases. '-. T" Judge King said that every county . in the state should have a circuit Judge, the court to be given original jurisdic tion in all probate matters, thereby 'abolishing the office of county judge. , He minks the present : salaries paid 'county judges would be almost suffi cient to pay the additional . expenses of the extra circuit Judges." In coun ties where more than one Judge Is need ed he thinks the number should be increased automatically as special elec tions for additional judges will always be opposed by some elements. - r- : , He suggests giving the water board or board of control from 'one to three addltionsl members, with Judicial powers-limited to" the trial'-of cases In volving water rights. He wants the board given the standing of a court to try such oases and enter decrees with the right of . litigants to appeal, there from to the proposed court of appeals, "Within five years he say the supreme court will be not-less than three year In arrears In Its "work; : half the time the - court 'being kept busy on water cases alone. r t - , 1 ' . Penalty for Appeals for Delay. The paper also recommends that Judges of the circuit court be paid not less than $6000 a year and judges of tha supreme court, not' less than 16000 a year.,. s- w:..'v : Judge King asks- especially that the statute enforcing a penalty for appeals mads for delay be imposed, in the hope of encouraging tha speedy handling of cases before the appellate court and dis couraging: the appeal of every case from the circuit court. ' At present, he says; where- litigants, caw afford an appeal, they do not hesitate to take It whether the are right or -wrong, because no penalty attaches to appeals for v pur poses ot aejay. , : ,v. .-i--., . . This morning's session of the 'Bar association meeting was not largely auenaea, Dot an errort win be made to have not only all members of the aeso clation , but other attorneys as well present, at .subsequent meetings. s Re ports were received this morning from the executive committee, the commit tee on legal education and admission to the bar and from the grievance com mittee. & :' ' .! .'"'.; ,''; "..''..';; "; ' The reading of the last named report aroused a storm of discussion that last ed Until adjournment at noon and" that win be taken ut attain after tha rear. ular program t Is completed this after noon. E. C. Bronaugh. aa-chalrman of the grievance committee, reported that tuness and press of other duties had made it Impossible for him to perform his duties as he should hava and tha committee had! nothing to report ' He stated that he wished personally to as sume the responsibility for the failure of the committee to wet ...'-, .' f s Cites XJnprof essloaal Conduct Cases. Julius gtlveetone, 'another member' of the committee, presented what might be termed a minority report and which recited a number of apparently flagrant cases of unprofessional and criminal conduct on the part of members of the bar , which he demanded the association should investigate. He referred partic ularly to alleged Infractions of an at torney who frequently appears for Greek laborers and of another who Is at pres ent under indictment in the state court for the alleged offering to accent a bribe while acting as- Judge. No names were mentioned in Mr. Sllvestone's re port, but he stated the attorney Is question Is now basking at Palm Beach. Fla. He accused him of having taken the 1800 savings of an Ignorant Swed ish servant employed in bis- family, of charging the: girl several hundred dol lars' attorney fees when she asked for 1 WOMEN IN PUBLIC SERVICE . i ?A ) A ,x I I.' i ' ' Ik . i J ..Si-T.-i. - ' ! H M 1. ill A Genuine Edison i "1912 MODEL" V The Very Latest With Handsome Oak Cabinet and One Dozen (12) Records, -1 't Complete. A Dollar a Week places this splendid Edison outfit in any "home. This is really the most complete outfit we have ever offered on these terms. In addition .to the latest 1912 Genuine Edison , Machine, exactly like picture shown above, we in clude, a handsome record cabinet, either, oak or mahogany, as you prefer, as well as 1 dozen Edison records 1 (6 standard and 6 ' am berol), your own selecting; com plete' for only , $43.35 This Edison machine, with nickel-plated and polished mandrel, will play alt Edi son records, r The newly v designed motor has im proved start and 6top regulating device, runs noiselessly and can be wound while running. , It is equipped also with new style model "5" reproducer, which plays both two and four-minute records. Get yours today.- . - Ut FOURTH ST. Co. The npper picture la that of Loa Angeles, Cal., police woman. Below la th photograph of the first Jury composed entirely of women, recently empaneled In Los Anjreles to try an editor accused of printing story In violation of law. They 'are all married women and their, families .were Interested IPCtAtprs of uie proceeamgs in court, xne case was tned Derore justice uassiay wno gave uie women, jurors toe pnvi lcgo of wearing their hats. If they so desired, during the proceedings. The Jury was composed of Mrs. B. T. Wallace, Mrs Bertha Sc&ermer. Mrs. A. H. Trimble. Mrs. Era B. Carolus, Mrs. Mary Power, Mrs. Florence Brainard, Mrs; Nellie Mooman, Mrs. Carrie A. Ray, Mrs. N. Stelner, Mrs. A. D. Leavitt, Mrs. J. Hill and the money and of harassing her until she finally committed siilolde in a fit lltJ of despondency over tha loss of her lit tie capital. .,. ,i.s later to Address IteeUn&T. Martin L. Pipes suggested that tha grievance committee look Into these cases, report them for dismissal from the association if the charges were found to be justified, and that the spe cial prosecutor of the association pros ecute them before the state supreme, court If evidence sufficient were found. He said he did not believe the commit tee had any tight to try the men before the association. Charles J. Schnabel said that many trivial cases were re ported to grlevanco committees and that no man's name was secure. He recom mended caution iti handling the cases. E. Heckbert suggeated that if Mr. 811 vestone . had any evidence he try the men In the state criminal courts, not before the Bar association. Further dis cussion of the report was continued until this aftenoon. President W. T. Slater of the associa tion will give his address this after noon, the election of officers will come tomorrow, and addresses will be made tomorrow afternoon by Harold Preston of Seattle on "workmen's Compenaa tlon," and by Chailes H. Carey on "The Next Great Reform Relating to Reforms In Pleading and Practice," The annual dinner, will be held tomorrow evening at the Commercial club. , : l . Evangelist Disclaiming Honor for Self Says Ws Plain, Trying to Be Christian. CHAUTAUQUA PROGRAM READY FOR JULY 9, '12 J( Special to The Journal.) Oreiajk City, Or., Nov. SI. Secretary Cross of the Willamette Valley Chau tauqua assembly announced today that the program for the meeting at Glad stone park, July 9 to July 21, Inclu sive, had been completed. Mr. Cross has arranged with Alfred E. Flude of a Chi cago Entertainment company to furnish several of the attractions. The bead liner will be the Chicago operatic oom pany, among the members of which are John B. Miller,) soloist, of the Thomas orchestra; Arthur Miller, Apollo Mus ical society; Rose" Lutiger .Oannon, Apollo Musical society; Leonora "Allen, soprano, and Edga; Kelson, pianist and pipe organist ' The platform work will be In charge of S. Piatt Jones, and the most prominent speakers will be Frank P. Sadler, municipal Judge or Chicago; Lou J. Beauohamp, the noted humorist; Clinton T. Howard, temperance orator; Fred Emerson Brooks, western poet; Dr. Len O. Broughton, Georgia preacher, and John Mitchell, labor leader. Land Grant Cases Set. United States Judge Wolverton has assigned . November 20 to January 14 as the dates for taking the plaintiffs testimony In the suit of the United States against the Oregon 4 California railroad to cancel the Oregon ' land grant; from February 6 to March 27 for the defense to Introduce Its - testi mony, and from March SO to April IS for rebuttal. , : . .n,-.- ' The Royal Prussian 'Aeronautical ob servatory has instituted;- a service to warn navigators of the air of the ap proach Of thunder storms. . When the men failed to fill all the seats at the noon Gipsy Smith . meet ing in the Empress theatre today, the evangelist called for a vote on whether to let the women In. The vote was unanimous. The gypsy asked the men if they mougni tney could be saved by rever sion to babyhood, innocence or by moral uving. . '.,. , "IP you can the Christ , Is super fluous," he affirmed. "But does any one dare ohop down,, "Would anyone take the Bible and cross Out the word 'atonement r Tour trou ble Is not mental. It is not cutaneous moral measles but the Creator . has saia. "xou err In your hearts. Tou try to live the new life with the old a ear i. ., ' introduced as a "specialist In' souls a romance or grace," by Dr. John Boyd, uipsy amun addressed 800 mamhara ana guests or the Rotary club vat luncheon in the Hotel Portland this aiiernoon. "I'm Just a plain man trvine- to llva ap nonesc unnsuan lire," said the evan gelist in deprecation of the glowing In troduction given not only by Dr. Boyd but by Dr. Benjamin Tounr. chairman of the Gipsy Smith executive commit tee, wbo called him an "Illustration of what God can do with a thoroughly con secrated man." "If you honestly make monev it should be consecrated to God. He will hold you to account for It but be sure your money la clean," said the evangel 1st. "Be sure your life Is clean. Make the world better for women and chil dren for your having lived. y "If there's anything in your business that prevents your serving the' Lord, get out of it God's purpose for every man Is that he live clean, straight, TUre nobly." ,''. ,;.', ..,i , MADRAS BY I TO 1 VOTES WATER BONDS ;'-... ".'(Special -te las Journal.) ' . ,V' Madras, Or, Nov. JL At a- special election held : for the purpose In this city yesterday . Madras ; voted $10 000 water. bonds by a raUo of more than 7 to 1. . Bids for the bonds and for con struction of the water system will be advertised for at once, and the plan of the council Is to have actual-work begun- before the first of the year and the water system installed completely by early summer, a-water supply for the same having been already obtained, , Journal Want Ads bring results. - ' MAXWELL CO. IN HGHT WITH U. S. Sale by Auction of 400 Acres in Third Umatilla unit Is Protested. " (Special to The Journal.) Hermiston, Or., Nov. 21 The case of tha Maxwell Land A Irrigation com pany in its Injunction against the Hermiston Bank & Trust company, en-1 Joining the latter, v which Is the trus-1 tee for the government from selling at publio auction any of the Maxwell land. I win soon be heard. The Maxwell peo ple contend that the government has not lived up to its part of the contract or what It stated It would do when the project was first started, when It was understood that the government would bring the water to the highest practical point of every legal subdivision. ' This was done In the first unit of the project, but In the other unite some of the settlers have had to spend sev eral hundred dollars- to get. the. water to their lands. The government also agreed to put In a drainage system and the i Maxwell company alleges it has not done this. ; Settlers on. the- proleot will give testimony in regard to. the I promises, made by the government and auegea noi 10, nave been ruiruieo. - The Maxwell company has a contract with the government tn regard to the sale Of its land, and Is expected to sell a certain amount of land before a oer- tain time, and In case this Is not done the trustee Is 'notified to sell at nubllo auction what land Is not sold. There Is about 400 acres of this land not sold In the third unit of the proleot and tne suit is to restrain the trustee from selling It The Maxwell company has a small army of salesmen on tha road and has been very successful. .The land proposed ror aaia at . auction contains some or tne Dest on tne project. SVEMS HE PADDED VALUE OF JOHN D MESABA WOAD Engineer Tells Stanley Invest! gators He Was Instructed to Overdraw Reports to Hide JEarnings. . ' TTnltaA SMaa tal h.l Washington, Nov. 2 L That he padded reports of a railroad to hide Its earn lings under the personal instructions I of . John D., Rockefeller's attorney and I that the oil ' king somehow "absorbud' some valuable stock he held, was the burden of testimony : today by C H. Marts, an engineer who constructed ths Duluth, Meaaba and Northern railroad, testifying before the Stanley congres sional committee which Is Investigating tha steel trust Marts detailed the facts I of Rockefeller's securing control of the road, and .then said that after the road was put In Rockefeller's hands he was Instructed to make a report padded to show that the road was valued at $,- 000,000. .S-'--; ' The report" Marts testified. was submitted to the Minneaota state rail road commission In order to show that the freight,, rates charged on . ore " rep resented a 1 reasonable return on . . the money . Invested .and were hot exorbi tant I padded the report " under In structions rom George Murray, Rocke feller's personal counsel." -"'? Marts said ha at one time personally owned 19 shares of the company's stock and that he turned over his holdings without indorsing them when told to do so in order to raise money with which to build a branch line when , the com pany-was forced to use all its stock as security. He understood that his shares went to Rockefeller's office. But they never came back. He was tnformd that Rockefeller objected to his employes owning stock in his concern. Rocke feller offered Marts I2S a share for the Stock. Marts sold it for $20 a share. The same stock now pays 1200 a year In dividends. . HYDE DEFENSE AIMS HEAVY BLOW AT STATE " : (United Press Lmms Wlral Kansas City, Mo, Nov. a 1. Attorney Reed today continued ths opening state ment for the prosecution In the second trial of Dr. ; Bennett Clarke ' Hyde, the alleged "xerm poisoner." accused of the murder of Colonel Thomas H. Swops, his millionaire uncle by marriage, and numerous other relatives, by Inserting typhoid germs In their blood. Ths defense objected to tne roiroauce tlon by the prosecution of statements that Chrlstman fcwope also died with the hands of Dr. Hyde, and i on - this hinges what promises to be one of the most Important points at . the t trial. Chrlstman Swop was a nephew of the colonel, and a legatee unaec ills wui. who died two years ago.; ;'.'i ?'' As the "theory of the prosecution is built around the 1 supposition that Dr. Hyde murdered the long 11st of relatives In order to tighter his grip en the mil lions into which he married, the- prob able elimination by the court of testi mony and statements in ..regard to the other deaths wlu prove a serious nana cap to the state. -' ; .- .-vj. X y";y OLD K. F Penniless at Astoria Hotel, She ' Is to Receive Subscription v. a , : 1 Money. 1 CHELL SAYS MINERS PACKED AGAINS T HI CRUISERS DISPATCHED -TO (United Press Leand Wire.) .''---' Atlanta, Ga.. Nov. Bl.The conven tion of the American federation of La bor was thrown into an uproar here to day when Vice President John Mitchell charged that .the . convention of the United Mine Workers of America was packed through tha us of fraudulent credentials when the miners forced him to resign from ths National Clvio fed eration. . Secretary Duncan McDonald of the Illinois i miners demanded - that Mitchell submit proof to 'this effect at the next -miners convention." This Mitch ell promised to do.' ;.. '.;:'.. V'Wr'!1.-'' The trouble arose from the adverse ' (Bperlal to The Jourml.) Astoria, Or., Nov. U. Mrs. Mary Fullmer, tha . "fins old lady - at , tho Washington wreck," is confined to her room In .' local . hotel suffering- from nervous prostration and a threatened attack of typhoid fever, resulting from her terrible experience aboard the steam schooner, ' which came so near ' to de struction a week ago. She will not be able to. k-esume Kef journey for, several days and perhaps 'two weeks. She is practically penniless ' and subscriptions are being- circulated for her by oltlsens. - (. i r . a i i. ',-.,; - (, ' Peritonitis Kills Tpung Rancher.' . ' lSpeiat to The JwuaaU . 4 Oregon City, Or., , Nov. Jlv Smith LeCroy, 94 years of age, a ranoher. who lived near Redland, died at a hospital In Portland Monday.' -He had been op--erated upon for perltonltla LeCroy lived alone on a ranch, t and when strloken" last ..Thursday night, Crawled , to the home of a neighbor. He re mained there the next day. and Satur day; was. taken on a train to Portland. He, rallied from. the opertftfoa and It, was thought for some time hat he would1 recover. Hla eondiUon, how- : ever, , changed for the worse Sunday sight ' XieCroy was reared in i Viola and was a son - of s pioneer. His mother. Is living-. v.The funeral win be held igTBMaX:-ii'Xi report of the committee os resolutions arranged. Vow. Carloads to near GlpsTit residents .of this city.: will . go to Portr land tomorrow night to attend ths, serv ices conducted by Gipsy Smith. Four cars have , been, chartered. Two - cars will ba occupied by members ,-ot ths Baptist church and the other two have been engaged by, members of the Meth odist and Congregational church. 'Seats have been reserved - tor th delegation from this city. A reduoed f are has been .1 SANTO DOMINGO fUnlted Prwa Leaatd Viral Washington, .Nov.. 11. The armored cruisers Washington and North Carolina were ordered this afternoon to proceed I at full speed to Santo Domingo to pro tect American lives and property there in qase or disturbances following the assassination of Prealdant Cacerea. Hill Boosts for Orejron. 4BMelal to The Journal. V Chicago.. Nov. 11. James J. Hill was the principal speaker at the land show yesterday. He spoke of the wonderful resources of uregon and of the possi bilities offered for settlement William IHanley of Burns ' and ex-Governor Brad jr of Idaho were honored , guests at the big exposition. - WHERE CERTIFICATES EXCEL - (no. 8).; ..'..-; OU may, have the whole abstract ex amined," from the government down to date, and yet if an omission or error wag : committed by. an abstrac- , tor early in the history of the title, no liability what- . . ever could be imputed to ' : the firm that made - the last continuation. The Ha- . bility is fixed In a Certifl- .. eate of Tfcle- we take, the y risk assuming' responsi- ; bility for the whole title. .1 nvestigate. Call for booklet TITLE AITD IXV a OOMPAJTT XjswUi l&gH th sad Oak. Now" Is .the time to obtain one of ose mar velous Hornless .Talking; Machines ' , As an ideal Christmas eht it;has.no" "equal, and will be. a ' pleasant 'daily' reminder for many years to come.: ;ltv is a strong educational in-' fluence, as weil as a most delightful source of , entertainment-. Just at th present time we are making a Wg 'feature of this machine and are offering strong inducements to help us: sell the allotted 600. ; Two hundred sold in two weeks; Twenty four selections free with each machine. Sent . on three days' free trial to any home.. Will , -refund money to any purchaser not pleased with instrument ' Made in mahogany, , quarter-sawed oak and. fumed oak, with highest ' grade of piano finish. Largest sized . turn-tabletriple-springmotor (plays six pieces with one winding) concealed sound cham-; ber hornless type modulating doors pro duces tone absolutely lifelike. Price $59 cash, or $7 cash and $4 monthly. Now on Sale at 371 Washington Street ' COLUMBIA PHONOGRAPH CO. ; EILERS MUSIC HOUSE Seventh and Alder Streets bbbs - t . . ssbbsbv r n I If- A - ija;., , - m " JrS v - V ' Af ' "S HUM J!72 1 1 a-n. ' 5i - Specia FOUR GOVERNORS TO BE A GUESTS OF REALTY MEN ' Chicago, Nov. ' 1L Four srovernors "et western states are I to be speaksrs at I the annual banquet of the Cook County! Real Estate board on the evening of I Novemcer zs. : Brier aaaresses upon the I real estate opportunities or their com monwealths are to be made by Oov-J ernor Oswald west or , Ore son, Gov ernor James h. Hawiey or Idaho. Gov ernor E. I Norrls of Montana and Gov ernor A. O. Eberhardt of Minnesota. Be sides the addresses by th srovernors I the banqueters win hear remarks by m representative of t the , Panama-Pacific exposition of Ban, Francisco. The din ner, at the Hotel La Salle, will be for 500 realty men sup their guests. - Clatsop .-Assessment - Roll. ' . ' . (BDaelal to Tha JonrnaLl ' ' Astoria- Or.,; Nov. 21. The work of seirreKating th 111 tax assessment roll has been completed and shows .a total assessed valuation of taxable property aa follows; '.Astoria, $J,84,76B; Warrenton, J190.948; Seaside, $H5,9; ' We giv you an extra 10 per ceni on any article purchased at our store this month, in order to avoid the holiday rush, as our quarters are none too large. We give this special induce . ment to make your selections now, and we will lay them aside - for you until the holidays,- t i v : A m '" i ' i ' sA' ,"'A''' '" .'V '- .'". ' ' . . M ' , T ' I " See Our Special $20 Diamond Rings LADIES' WALTHAM OR ELGIN MOVEMENT, 20-Ye'ar Guaranteed Case. GENTS' WALTH AM OR ELGIN MOVEMENT, 20-Year Guaranteed Case. . .J LADIES' WALTHAM. OR ELGIN MOVEMENT, 14-Karat Solid Gold Case... J LADIES' CHATELAINE. WATCHES, Guaranteed American Movements, soec'l "rrvxt TTT?rTP OTUDT TMft CtT V1?P MAMTOTTPP! fifT.T ' '9'nau.Ul ' r 11.50 '9.00' 20.00 7.00 G.00 12.50 12.50 V3TTrn TVTrTT .'PM'POI. CiMfOt TXTri CSTT 1717 1 HTTT TTADV CPT O S-1 , r iv ox-j.avjcv - ujcii ia oioivutnvi v m luiuttnn a wua, lapcciisji, LADIES STERLING SILVER TOILET SET, Special 'i.Vtr.'?..'.i-r.'s.-.A STERLING SILVER THIMBLES Special 104 $1-00 ALARM CLOCKS, Special 63 LADIES SILVER TOILET. SETS, Special. , . '. r, i i . .vv, V.; i , v .;...S7.50 EVERY ARTICLE GUARANTEED. AAAyXAA NO, CHARGE FOR ENGRAVING.;; H : .'-''.-." .,.-, r', -;..-'-- 4 "- .''...'-''-J ,'.-iv-(-.' i --I :'.' "i '''. ..'', '".' ,.',",, . u -i "V i ,, ', . r? ' " ' 53 1' . 141' Third-Street Near Alder . B taxable- property In ClaUop county not I NnnJWfr"? ft p ptnnrm located. In. cities 0 towns, 4,882,115. .K&UW'tiiUtiAfuiHtWM&hiMU K