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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (March 10, 1912)
THE OREGON SUNDAY JOURNAL, PORTLAND, SUNDAY r"TiTTr id, 1: LD!i!G f CORDS STMT OFF M A RUSH 229 Permits Were Issued Dur ing the First Seven Days of the Month Value of Con struction, $370,000, Plans filed with tns building lnspsct- cr for checking purposes, applications already mad for permits for ths con struction of raiious kinds of buildings, and the unusually larga volume of per mits so far Issued Indicate that March, like January and February, wilt break all recortls for these months. The total for January and February . was somewhat above $2,000,000, or about HOO.tfdOgTeatemhair-for the first two months last year and $600,000 In round numbers ahead of the record for the same period in 1 1 10. For the first seven days of March, !2$ permits were issued authorizing construction to the value of 1370,000, This Is at the rate of more than $1,500, 000 for the month or Just about equal to the splendid record of March, 1(11. Several large building propositions haYetnatBrtali6daurinf Thepaat"few days which will undoubtelly result In keeping the building record of the next few months up to that pf. tha. spring and summer of 1811. The largest nea ' construction project which will call for i a permit during the next (0 days Is the projected 14 story building for the Pa , clflc Telegraph and Telephone company which Is to be erected at Oak and Park streets. Three Story Structure. The Gerlihger Brothers, are tearing out the Old frame structure at the south west corner of Eleventh and Washing ton streets for the purpose of building ' a three story combination store and motion picture building at an "estimated cost of $60,000 to $70,000, A Portland capitalist is having plans drawn for a six story, fireproof apart . ment house to cover a Nob Hill quarter block.' The proposed building will be more like the regulation New York type of apartment house than any other In the city and will cost approximately $160,000. Last week witnessed a revival of the , report that the Pittock block on Wash ington street is to be Improved this ' summer. This last report has it that a '" syndicate has been formed for the pur . pose of building an S or 10 story fire 1 proof structure on , the entire Washing ' ton street front of the block, Y Construction work was begun. last , week on the four story, 50x200 foot 1 struoture of the Crown Trust company , which Is to go up on Stark street, be : tween Tenth and Eleventh. The permit for this building will be Issued during t the next few days. " The largest permit issued last week ' was for the four story brick store bulld- : lng which is under construction at Seo " ond and Ankeny streets, by J. F. Shea. The cost of the building waa fixed in the permit at $50,000. Apartment House remit. j1" Robert Montelth took out a permit , during the week for a two story brick ' apartment bouse which he will build ' on Alberta street,' near East Nineteenth, ,- at a cost of $14,000; Mrs. Gibbons, a resident of The ' Dalles, has procured a permit for a two - story frame flat building to be erected on Borthwlck street between Russell and Page. The cost will approximate $12,000. Contractor George Langford' has be gun the erection of a two story brick i building 'On Couch street, between Sec ond and Third for the Weihhard estate, which will cost $10,000. W. J. Gill, in the realty department of A. H. Blrreli fc Co., has let the con tract for a $7000 home to be erected on East Salmon street, near East Fifty fifth, on the west slope of Mount Tabor. The house will be an attractive addi tion to the number of fine homes built In the Mount Tabor district during the , past year. Contractor Bert Boice is also build . lng a handsome home in that district. Ills house fronts Kast Fifty-seventh 1 street, near East Salmon. Its esti mated eos't is $6500. The contract was let last week for the proposed new sahool house to be erected at University Park by the Holy Cross Catholic parish. The building is to be 80x78 feet,- two stories high and will cost approximately $15,000. , The Portland Railway Light ft Power . company has filed with the city Build ing inspector plans of the eeneral re- pair and machine shop which Is td be .., erected on the Etna tract, at East Sev enteenth and Mall streets. The pro posed car shops is to be a one story ," brick structure, 205x430 feet In size. As soon as the plans are checked up, a permit will Issue and construction' work will get under way. Eighty-three residence permits were Issued last week, many of them provid ing for the handsome class of homes. The following builders took out permits for houses costing a minimum of $3000: A. Horn, two story frame. East 8ev enteenth and East Main street, $3000; Henry Lutgert, 2 story frame. Rod ney avenue, near Eugene street, $6000; Stewart Wilson, 1J4 story cottage. East Forty-first and East Flanders, $4000. V,,; ,; Smaller Structures, i George N, Fifer, two story frame, East Lincoln, near East Eighth, $4000; J. R. Caples, 1 ft story cottage, .East Four teenth, near East Knott, $3000; Mrs. E. B. Miller two story frame, East Thirty, sixth and Knott. $3000; Moore Broa, 2H story frame, Flanders, near. East Forty. " fourth, $3000; R. R. Adams, 1 H story cottage, Klickitat, near East Thirtieth, $5000; G. H. Irwin. 2 story frame, East Twenty-first, near Stanton. $5500; W, B. Donahue, two m story cottages, East Forty-second, near Klickitat, $3000 each; Mrs. Billings, 14 story cottage, East Forty-first, near Weidler, $3000; E. J. Hyland, I ft story frame, Brazee street, Irvlngton, $5000; C. W. Martin, two story frame. East Sixty-ninth, near East Morrison, $3500; N. P. Peterson, 24 story frame, East Thirteenth, near Stan 1 ton, $3000; Robert B. Beat, two two ' story frame dwellings, East Tenth, be tween Stanton and Siskiyou, $4000 each; Edward McLerner, two story frame, Watts, between Derby, and FenwieK $3000; 3. Copes, 1 story frame, East Forty-third, near Klickitat, $6000. BUNGALOW ON WEST . - - PARK SOLD, $11,000 The Schumann bungalow, one of tha must auracuve cottages on West Park strt,w--Bold - test- week - to- W.- ft Monroe, dt IMonroe ft'Crisell, fopr $iv 000, The property is located at the northwest -corner ol Went Park and College Kreeis, and comprises. 35 by $5 feet, and a small bungalow of double ..const ration, which was huilt five years . iigrt by., otto Hrhumann, - the rum'ble dewier. .;ieat lritatn exported nearly $10,000, tfi worth of soan last year, - :. iilliilCil u JUDGE BILES' WIG DEFENDED III ESCHEAT Court Acted Fairly, Says Tur ner Oliver; Minimum Attor ney Fee of $7500 Allowed on Affidavits. La Grande. Or, March 9 To the Ed itor or Tfea Journal There has been considerable comment of late taroueh the press of the state on the unusual attorney fee recently allowed to Coch ran & Cochran In the Morrison escheat case and some of this comment seems to nie to reflect unjustly upon Judge J.- W. Knowles before whom the case was tried and who allowed the attor ney fee. On behalf of Judge Knowles I desire tb' say that no acted fairly throughout the trial under the law as he understood it, and in th allowance . of the attorney fee he did Just what any other Judge would have done under the same circumstances. ioe . the allowance- of the attorney fee was presented to the Judge on affidavits only, and entirely ex parteso far as the affidavits were concerned The af fidavits had been, procured by Cochran ft Cochran from .a numDer or me ieaa- tn attorneys in the siaie ana in uwe affidavits a few of the attorneys iea the fee aa low as $7600, a few of them above $10,000, but the bulk of them at $10,000. . XiOwer snn Taaen. N eountr affidavits were filed by the state, so that the only evidence fore the court ranged from $7600 to upwards of $10,000. In fixing the fee at $7500, the court placed it at the low est sum which was in- evidence oerore the court I was permitted to appear as a rnend or tne court ana oojecieu w having the attorney fee proved by affi davits and claimed that this fact should be established by evidence taken In ope court I still think that this is the only proper way of determining any disputed fact; but after the court had overruled objections to ' the affidavit testimony, and denied motions to strike out the affidavits as not being compe tent testimony, and allowed the state two weeks to file counter affidavits which it did not do, the only thing It could do on the record before it was to j find not less than $7500 nor more than $1 1,250, that being the range of the tes timony as shown by the affidavits, -The court did find for the minimum amount as shown by this affidavit tes timony. If the court committed an er-J. ror of law In not striking out tne arn davits as incompetent and In overrul ing the objections to the claim of iio. 000 as attorney fee, an appeal lies to the supreme court which can determine the matter and declare what the law is, but If affidavit testimony- Is legal ly uimutwi tn ntAh)lsh tha fact aa to what would be a reasonable attorney fee in this case, the circuit court on the testimony before it could not have found any smaller amount than what it did find. There are othar features In this case ) mose exasperating, however, than the I amount of tne attorney fee John Mor-1 rison's property by every principle ot equity and right belonged to his brothr ers and sisters, but he happened to be j born before hla parents were .married. ( about 75 years ago in Scotland. Tiie j state claimed that he was an Illegiti mate child of Catherine Franca The defendants claimed that , his parents were the same as those of the other children. The record showed that the France child was born on January 1$, 1832. Family Bible Shown. The Morrison family Bible showed that John Morrison was a legitimate child and the burden was upon the state to prove the contrary. The rule of evidence from time Immemorial has been that facts of family history can be proved only by members of the fam ily and not by strangers, and this has been the rule in Oregon from the earliest Oregon cases down to the Morrison case; but in this case the Oregon su preme court held that hearsay evidence of a stranger-could be Introduced to es tablish the Illegitimate birth of John Morrison, and a deposition of an old man in Scotland who claimed that his age was 92, In no way related to Mor rison,, was allowed to-prova a bit of town gosBip 75 years or more old, In a Scotch city, 'and our supreme court held such testimony competent to take Mor rison's property away from bis brothers and sisters! A deposition was also tak en of a woman about 70 years old re siding in Union within 18 miles from the place of holding court, and after wards testimony of 'experts" .was taken to show that this witness waa sick when her deposition was taken and that sne was also sick when court was held in order to keep her from appearing in court to testify. This expert testimony tending to show that she had arterial ruit-niBn very oaa ana one or the "ex- , perts" testified that she told him that she would frequently fall when in the I nro ana nave io crawl into the house. Contract Is Made. He gave It aa his opinion that she could not possibly make the trip to La Grande to give testimony.! and her framed up deposition was allowed to be read contrary to all the rules of evi dence since the common law had Its be ginning. This witness has frequently visited La Grande since, walking a half mile from the station, carrying a heavy valise. The testimony of these two wit nesses was obtained through Nelson 1 Schoonover, and the contract for their testimony was made with Schoonover In ' the latter part of February, 190$, at La ' Grande. C B. Cochran entered Into the agreement with Schoonover and the terms of the compact were made known 1 Sore" Feet Daneef6u : Gives Quick Home Cure - -- -- -- -- --i-i-i-g-g-g-rmrwMw position. Don't ' waste an hour. I Get your feeti cured to stay i cured. Here is' the treatment ' that will do the work nosi- Don't nermlt bom f. 1 7 iJL,, 5 The nagirtn irritation to the nervous system of daily foot torture frequently i Si", ln,:"f,rl0U8. nrvou disorders.' besides this there is the suffering, the hazard features and the peevish dls qulckly. No matter how many patent' medicines you have tried in vain use this treatment., which was formerly known only to doctors, and you will get prompt results: -"Dissolve two table-1 Bpoonfulsof "Mocide compound.i ai basin -of rtior watef. : - Soak the feet in this for full fifteen minute!?, gently mas- i saging the sore parts." The effects are 1 marvelous. All pain goes instantly and' the feet feel simply delightful. Corns' and callouses can be peeled rlehtoff- ri',ll 0'.'.?'nKlC,lnff feti sweaty, smelling feet, chilblains and frost bites get im irudlste relief. Ue , thin treatment a y. ls and j'our lout troubles will be a liuouhj tha - pores and removes th eauwe. Get a twenUr-flva cenCbox from any druggist . . CASE II IIWS-WS I , - u M . . , . . - , ; i I .M .7 -r " ' V $ ' A v wT. Garagt erected by F. Solomon to tha writer from Walla Walla on the same day by one who overheard a tele phone - wnveTsation" between Nelson Schoonover at La Grande and his wife at Walla Walla, and after the two depo sitions were taken a motion to suppress each-waa filed and this writer filed an affidavit setting out substantially the terms of the compact between C E. Cochran and N. ScHoonover by which Schoonover agreed to furnish the state -:" " ' '. - . ' '' '.':' Everyday throughout the year you will find this reliable old furniture store, situated in the VERY HEART OF THE CITY saving hundreds of people materially on household furniture of many descriptions. ' You don't have to wait for special sales at Jennings'. Every day is a money saver Useful Articles Priced Regardless of Profits w n r u n i These Handsome Brass Beds same as shown in our windows, spe cial for a few days only ; i-t STEWART STEEL RANGES fit"1 '"-" I j) it m Mil-1 I! r . IV '"A er ranges when the Stewart the manufacturers? Range S33.SP V FURNITURE V IJberal foijyintoiompanT testimony sufficient to win tha case In consideration of something over $500. CrE,-Cochran filed hla own affidavits and that of Schoonover rebutting the affidavit of Oliver. Cochran said In his affidavit, "I deny that I purchased from N. Schoonover any information se cured by him- la Scotland In - this or any other case." Schoonover stated In his affidavit "I deny that I sold the Information which I had procured. In i The Magnet Stewart Range, for co al or wood, combines more good fea tures which add not only to the . convenience but to the durability and general sat isfaction t h a n can be found in any other range selling at the s a m e price. Why Uk e chances on oth is guaranteed by just like cut. T. 1 ,.r I rJ III' ; iIiarsyi:: . , i rT--iT-iTiiT--7 t 2 0 'I , v i . - I :rt w? rm i - ! v s fl 0 - Crefiit - lf - Desirecl - CorneieCOttdlUid'MorrisOa Home or Uood Furniture Scotland In this ease, or that I was to receive any price or anything therefor." Testimony Xnrodnoed. Later at tha trial Schoonover waa asked: : Q. Ton have considerable interest In this case, haven't youT A. No, air, I haven't Q. Haven't got any Interest at all T . A. No, sir. - . Based on these counter affidavits and Mill i Jeimminigg9 mmma r mm - vl ' ..jr. - Something New for Baby .We have just received our Spring shipment ; of Go - Carts and famous Oriole Go-Baskets. The styles are varied and most complete. Prices $8.50 $10.50 $12.50 emm expert testimony, the depositions were allowed to stand and were introduced. On November 22, 1011, when Cochran presented his bill for $10,000 attorney fee to the court, he also presented a bill of $063 for Nelson Schoonover and a bill of $125. being $25 a day, for eaJh of, his experts who swore in Mrs. Shaw's deposition, and at this time Cochran seemed to forget his former affidavit and averred: "In order to get expert testimony relative to the ltralth of Mrs. Margaret Shaw, whose deposition we desire to use, we bad to guarantee the physicians a regular fee, which in this case was as follows: "Dr. J. P. Mires, 3 days at $25. $75; Dr. M. K. Hall. 2 days, at $23. $50. "We are obliged to pay . Nelson Schoonover for and on account of his expenses from Union, Or., to Alva., Scotland, . $363.06." The stata . was bound by this agreement which Cochran had made with Schoonover. and the high priced experts, notwithstanding Cochran's former dentals that any such agreement had been mad. Why should ft be thought- moire dishonorable to de prive the school) fund of. t Ma money than to resort to the damnable methods which have characterized this case to take the property from the relatives of deceased, some of whom are widows and orphans left in poverty t '- Respectfully, TURNER OLIVER. APARTMENT HOUSE FOR FIFTH AND CLAY With a view to lis Improvement with a three 'oT four story brick apartment house, tha Star Investment Hompany has purchased a 60x60 foot parcel located at tha northwest corner of Fifth and Clay streets. The property was pur chased from M. E. Lea for $30,000. Mr. Lee bought the piece less than a year ago from F. E. Beach for 116,000. '5 n9l An Invitation You are invited to call at our store and to examine this beautiful Limbert Modern Dutch Arts and Crafts Fur niture. From it you can select appropriate and har monious patterns for any room in your home. Prices " . v .-, within the reach of everyone. - FOSTER'S "IDEAL" SPRING ENSURES PERFECT REST The genuine ."IDEAL" Spring extensively advertised for years. Mechanically and scientifically perfect Conforms to every curve of the body-. The best mattress in the world -, - - cannot alone suddIv this feature - it must be in the spring - s Foster IDEAL Spring. (fl! biff tnr lAtnostf vt VUl avu, . y .... . . I Veritable Dream of m A Veritable Dream of , Ease and Luxury yC Foster Bed Springs, Just Like Cut SPECIAL $10 TO $15 MSBBBBSS' ) - j,.... T-.- . - I ' fi x! SITE FOR iIE7 DRiCK STRUCTURE Three Story, $60,000 Brick v and Steel to Be Erected on 0'Weil Corner at 'Eleventh and Washington Streets, As a preliminary step to tha con struction ot a $60,000 building at the southwest corner of , Eleventh and Washington streets, a ' permit waa Is sued last week for the wrecking of the old frame structures on the site. ,. This property, known as the CNell corner, comprises a quarter block and was leased last January by George and Louis-. Gerllnger lf ora pejlod , ; cf years. The lessees have had plans draw n for a three story brick and steel building, covering the entfre 100 by 100 feet The Washington street frontage will be used fijr stores except a small space for the entrance to a motion pic ture show, which will occupy all of the south half of the ground floor. The second and third floors will be arranged for small shops, each room being 14 by 25-feet.openlng onto awtdeeorrldorr All of these storerooms will have plate glass fronts and ahow windows. -The theatre will be two stories high, provision having been -made in .the plans for a balcony, whioh will give a seating; capacity of (60. This portion of tha building will be of fireproof con struction and have an exit on both Washington and'Eleventh atreata. Italy consumes less tobacco per capita than any other country in tha world. . .' ... Come and see " - r-ti ST - - - 111' Iff58?- .? II V 1 VVuRN TUReV r,