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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 20, 1913)
THE-' OREGON DAILY TOURNAL. , PORfLAND,' THURSDAY' EVENING. NOVEMBER 20, 1913. SEEK TO RECOVER ON OF WARE BOND First State CaseVof Kind Bejried in Linn . County. . . ' ' '. (RixeiM to lilt Journal,) - - -' Albany. Or- Nov. 20. The first cuei ver brought In Oregon to collect on a warehouseman's bond wnr"TD) tried in , the Linn- county circuit ourt here this week before Judge Galloway They igrew out of the. failure of. the Albany i Farmers company, five years ago. , ' Applying to .warehouse) companies: storing grain for others the law requires ' that a bond for the protection of their ' customers be filed. This law was passed -bythe legislature- otWoau- and aa.ifar ' e. a is known these are the first cases ' ever brought to enforce the payment of such a bono". In this state. ' The first case was instituted by Smith Cox and 20 other JLlnn county men who had grain stored in the Farmers com pany warehOus ' at the time of the 'failure. They are suing on a bond for 115,000 given by the company in 1907 " with Phil swank: "John Denny. 8." J. Archibald, Thorns Froman and M. H. Wilds, five well known Linn county i men, as islretiesr13ennjr anr WllOs Era now dead and their heirs are defendants in this suit. . . . x The other case was brought by Fred i KolsapfeL and, six other local men for .' recovery, on a bond of $16,000 which the, ' company gave in 1909'. The sureties on , this bond, are J. V. Propst, 8. 3- Arcbi- ; bald, Phil Bwank. John Denny and i, Blevlns. . , WORKMEN CANNOT , GET BENEFITS OF LAW UNTIL 1914 (Continued From Page One.) In a suit for a writ of mandamus . brought by the Salem hospital, with ; which ' the compensation commission ' had contracted for accommodations for injured workmen during the month of December,- against Secretary of State Olcott, to require him to audit a claim for $25, part payment oh the contract. 'The court -dismissed the application. By Justice Burnett. The uncertainty as to, when the in u ranee .features of the law' became operatlvewas caused by. the referen dum, which held up the law until after the special election November 4. when it was passed by the people, "The act took effect, as already stated, not prior to November 4, 1913. the date of the election at which it was approved by the people," says Justice Burnett,- writing the opinion. " 'June 30 next following the taking effect of this act' cannot mean any thing else than June 30, 1914. It is only the workman who sustains per sonal injuries after this last mentioned date and Is otherwise qualified, that is entitled to the benefits of the act, and 4t is only for "such workmen that the commission Is authorized - to provide hospital accommodations under section 28 of the act. Until June 30, 1914, there cannot be any one who may en Joy the bounty of the, statute. fMuch was said at the "hearing about the intent of the legislative assembly as a canon of construction. It -was i argued that as the act, but for the referendum, would have taken effect on June . 1913, that being 90 days after the ' close of ; the ' session on March 4 of . that ' year, the " legislature meant June. 30, 1913, when it said 'June SO, next, following!) taking effect of this act,' which being interpreted signifies 27 days after the law became effective: Computation, however, is not neeessar. fly interpretation. Legislative 1 Intent, also, is controlled by the constitution, that .bein&vthe paramount expression of the authority , of the people. . "The legislature could have said '27 fdays alter the talcing effect of this lot.' but It did not, It chose to insert fa the statute a certain calendar date occurring next after the law earn into force, lo-wlt. June 0. That does . not mean December 1, as contended af the hearing, and we cannot give it that significance without acting a legisla tors, a functioB-orbldden lo use by the fundamental, law. ' , reople Have Spoken. "So far a the Intent of the legisla ture is concerned, that body must be presumed conclusively . to have acted with direct reference to the possibilities of the referendum so plainly written in thn"ionatltutlonJ,iLl-i;L : : "The argument of counsel could have been used with probable etrect wnen tne hill for this act was under consideration before) the legislative, assembly to pro cure - an amendment - eliminating the fixed date, and providing' for a certain number of days after the act should take effect but controlled ; as we are by the direct mandate of the people that a: referred act shall take effect only after their japproval and not otherwise, we cannot yield to that reasoning." An Important announcement to those industries that have alseedy signified their willingness to come under the act Is made In a statement Issued by the commission: f .. ."Thi decision is that no payments may be made out of the accident fund until after June of next year. This means, that no Industry may under any circumstances become suDjeci to tne act until that time. This is of import ance to many industries that have sig nified their willingness to waive any timet they might have, and come under the act at once. Even such, cannot now come unaer- tne aci ubui nutr uuue, 1914. "The commission can employ the time given by the decision to great advan tage and to the benefit of both employ ers and employes. It has this definite plan In mind, of going actively out over the state and meeting employers and workers at first hand and impress upon them the advantages of the act. It Is hoped that by so doing such little oppo sition as there now Is may be entirely dispelled.' "The more industries under the act, -the greater will be the good to follow from it. The time now given to the commission will enable it, by this cam paign of education, to bring the great bulk of industries of the state under the act, and thereby insure at (the outset the distributibn of the benefits under the act In all sections and among great numbers." Riot Victim Buried. Ke-wport, Or., Nov. 20. F. C. Whltton of Portland, secretary of the Democratic central committee of Multnomah county. who lives In Portland, la here to attend the funeral of his brother, Walter H. Whitten, Tuesday. Mr. Whitten was killed in a mine riot while acting as deputy sheriff at Trinidad, Col. Walter Whitten served for several years at the local life saving station- Many Hurt in Movie Fire Panic. Lost Angeles, Nov. 20.- Two persons were aevereiy hurt ana a score reccivea bruises in a panic resulting from a fire In a"' motion picture theatre. DOCTOR KILLS F END OF INVALID E St, Joseph Physician .Over come With Remorse When Victim Is Dead, - (Called Press Leased Wire.) Kansas City, Mo., Nov. 20. Declara tion that the shooting and killing here Tuesday of W. P. Cramer, an advertis ing solicitor of Chicago, by Dr. William T. ;EJam, Ot St. Joseph, Mo., was acci dental,' was voiced toaay by Elam's at torney Tht physician showed Intense remorse over the affair. , ; V "I am 'sure my wife was guiltless of actual wrongdoing with Cramer," ... he said. "Beyond that I have nothing to Say. When the case comes to trial there Will be another version of what hap pened In Cramer's room that has not been told." Shock May Kill Wife. Chicago, Nov. 80.- The body of W. P. Cramer, the advertising solicitor shot Anmt hv Tlr. W T. Elam of St Joseph. Mo., In Kansas City Tuesday, arrived here today. Mrs. isiam, . wno is e.n Invalid, was reported In a critical con dition today. ..- CARRIERS TO DISTRIBUTE INFORMATION LEAFLET 0N POSTING OE PARCELS a How to wran your Christmas e nackaaes: lust what it will cost . you either with sealing it or tying it with cord; what Is the difference in cost between the 4 various classes, and In fact, pithily stated, every detail In a conneotlon with the shipment of 4 parcels through the mall is ex- plained in a big leaflet that is being sent out by the millions A a to Deople all over the United States by the postofflce depart- 4 ment. a Carriers will distribute -25,000 a a of these to Portland homes. i Each carrier will be given about 4 a hundred to hand around to i4 homes or business places on -St a their routes where they will do the most good. The instructions 4 are to be sent out aoout tne a first of December. a The leaflets are being gotten a- out with an idea of instructing the people so that unnecessary a congestion at the Christmas time, a rusa can be done away with. a Railroad Officials on Visit. On a tour of visitation to the various cities along the lines of the Northern Pacific, three officers of the Northern Pacific Beneficiary association were in Portland Tuesday. In the party were C. C. Kyle, president, and M. C. Kimberly and C L. Nichols, all of St. Paul. They have visited a number of hospitals and called on physicians during their trip, which was designed to spread Interest in the beneficiary movement Burglary at WilsonvtUe. Wilsonvllle, Or., Nov.' 20. In a bur glary of the Peters Hardware company $100 worth of knives, marked Marshall Wells company, were stolen. ".'... ; ...... .. . . i ' i V. ...... " INSANE MAN KNOWS ' , ENOUGH TO ESCAPE . ',v 1 Y.''''.'.'rv.'..''?' .fi ) i'. jpv -''.Jv1' t' ' (Salmi Bureau of The Jjml. ' ' " Salem.- Or. Nov. 20. By prying the lock off the window guard and lowering himself to the ground wlthsbed sheets from the third floor lOf the building,. Charles Holmes escaped Tuesday irora the state insane asylum and is still at large, His escape was discovered and reported this morning by - another pa tient Holmes - was committed from Multnomah county. .i ;..''; V. , He is not considered very dangerous. .' i I,-, mm ,i ii- ;-' . , , Mill JIM C. ' Toledo Or.,!: Nov. 20-The Toledo Lumber company's mill, which has been handibapped by a shortage of cars the past two months,: Is again able to oper ate full time. . ... .;' ., '' ' .-. - i-r; Improved Glasses Made by Improved Methods 1$ Men lose msnSY by mis taking a ten-dollar bill for a one-dollar bill. Eyestrain, near sighted ness, far-sightedness, astig matism and other forms of eye trouble quickly relieved by our glasses. . J Besides eliminating the possibilities of losing money, our glasses will re lieve that nervous tension that eyestrain always cre ates and develops. J Bankers need our glasses. THOMPSON OPTICAL INSTITUTE 209-10-11 Corbett Bldg. Fifth and Morrison !v,'''!!U'','.,:'.-'" ''. i. '.' k,: ' V.", .-fT"--: .. '' V ' i - r ' '.. - .i t' ' ' .1.. " a .ii." Joy in; Boy land Friday and Saturday, 400 K. and E. Fifty Cent Blouse Waists 29c (Not more than 3 to one customer) Boys' $2 and $2.25 Rain Capes, Extra Special, $1.50 Boys' Corduroy Knicker Trousers, $1 grade, all sizes, v, Extra Special 75c FREE with all Boys' Knicker Suits and OvercoatsFootballs, Foot ball Trousers, Go-cycles BEN SELLING Morrison Street at Fourth LEADING CLOTHIER FREE, a Beautiful $5 Lifesize Doll With Purchases of $19.50 or Over, re-Thanksgiving Sale of Suits, Coats $20 The eason s Extraordinary Most Sale! SOO New Dress Shapes rtOOoOsOOat ' L See Window . - $ 75 Hats that absolutely have never been offered in Portland or anywhere else, to our knowledge, for such a ridiculously low price. This lot of 500 com prises the surplus of a Chicago jobber, offered to Us at a tremendous sacrifice. You will be the one to benefit by it. PONT CONFUSE THESE WITH SHAPES OF INFERIOR QUALITY AND STYLE OFFERED ELSEWHERE AT A SIMILAR PRICE. MANY HATS IN THIS LOT THAT WERE NEVER MADE TO SELL UNDER $10.00 -Just listen at this ! Beautiful Velvets, trimmed with the popular genuine skunk fur. Handsome White Beavers. Finest quality Hatters' Plush and high-pile Zibeline Plushes, in black, brown and navy. In the lot are about 100 real imported hand blocked shapes. Never was there a sale to compare with this. Don't' delay -be here when the , Sale Stairts at rat v -i vw'.''n jmiaji Regular Prices to $35.00 HERE arc 350 handsome garments, selected from our regular lines at $25, $27.50, $30 and $35! All extraordinary values at original price think what a saving you'll realize at the sale figure ! We guarantee the delivery of all garments bought Friday and Saturday, in time for Thanksgiving. The Suits Stunning models !n Eponpes, Pop lins, Serges. Bedfords, Velour ds laln. Cheviots and MntelasBes. Styles vary from strictly man tailored to chio 2 and 8 -button novelty cutaways. Our $25.00 to 135.00 Suits.- - $2 The Coats Here' are the ' season's smartest Coats big swagger novelty fabrics. In Jauntiest styles. Two-tone Bouohes, striped Zlbelinss. Plushes, and also White Chinchillas and Boucles, mads and full length. Our IS5.00 to 135.00 Coats i-.-JUl PORltAM X7 no O ;20 1 I III Ii T ' H LJLLLLL '. rvs mi if The Dresses Tvovely frocks of Bilks and WooH Newest creations In Crenp de Chine, Crepe Meteors, Canton Crepes, Charmeuse. Also novelty weaves In wool. Styles for after, noon and street and theatre wear. To $85.00 Dresses IF IR EE 222 A $S.OO Doll " -A beautiful Imported DoIL Btandinsr 30 Inches high, with real bisque -head, long curly hair, eyes that close, real eyelas&s, etc. A reaV $5 Doll in' every way, FREE, with purchases of $19.50 or over in any part of store. . . To $5 Silk Waists $2.95 Dozens of charming styles in chiffons, and plain or striped mcssalines. All colors, to match your Fall suit. New vestee effects, frilled collars and cuffs, etc. CO QET Waists up to $5, tomorrow. . . . . &iVd Save on Furs ggfr-tKte4r'bwHdLitt5w-tliis,iseaseii''"-no old, shopworn Furs. We sell Furs only when they are worn, and do not have to ask a profit that will carry our business through the Summer season. For instance Rich Marmot Shawls, $8.95. Muff to match, f 7.95 - , Jap Mink Shawls or Muffs, new style, each f 16.50 French Coney Fur Muffs or Scarfs, each f 3.05 and 85.95 $4 Petticoats $2o45' .r. i', " ......'..: J: , .. ,.'.-.'.- ' tj- .... ' H Soft Taffetas, Brocaded and Striped Taf fetas in all colors.. Also Messalines. guar anteed for 3 months $4 values, CO IK Friday Jsftl)