THE OREGON . ' DAILY JOURNAL, PORTLAND; TUESDAY, MAY 9.; 191S. w SEASIDE'S NEW TRIAL IN HENNINGER CASE IS UPHELD BY COURT, Contention Is Thart Action Was Begun Within Six; Months Contract Limit. PRIMARY GRADES AT MT. TABOR TO GIVE OPERETTA Salem, Or., May 9 In upholding Circuit Judge Morrow for granting a new trial to the city of Seaside in its liult agftlnot the Oregon Surety & Cas ua,lt y Co., in which recovery of J7i4 9.09 embezzled by Kdmund X. Henninger, city treesurer, was nought, the Miipreme court thin morning held that th.- action was clearly begun within the six! inontlm limited by the contract. This wnn the main defense in the rafc. A Multnomah county Jury found a ver dict for the defendant. In an opinion by Justice Bennm, the supreme court said that It appeared that the trial crrtirt had confused the provision requiring that when a loss was discovered the company should be Immediately notified, and the one re quiring that a claim of loes shojld be presented therefor when discovered and no action could be prosecuted uti les begun within six months after the presentation of the claim. News of Hennlnger'a nulcldj was wired to the company at Portland, No vember 4, 1910, and January 19, 1911, after the book had been checked, a claim for'the amount of the defalcation wan forwarded. Suit for the amount was started July 17, 1911 Question Not Submitted. "The only queMlon, therefore, vhlch might have been properly suhml'lerl to the Jury upon (IiIh phaae of the case I ; i in as to whether or tint the time elaps ing between November 4, 1910, and January 1 !, 1911, was a reaxonahle J- compliance with the requirement that the claim should be Immediately pre sented upon discovery of a Ios., which question was not submitted at all," (tald JuMice Benson In his opinion. ' It Is held that the circuit court erred in Instructing the Jury that fraud must tie disregarded In the trial of the ch sc. The city contended that the claim was presented within a reasonable time, as it wan necessary to have ex pert accountants go over the books In order to ascertain the amount due. Other Decisions Today. Among the other decisions of tne supreme court today were the follow- Cast of Characters in "Land of Nod." I I 1 ! 120 cabin passengers and 800 In ateer age. - ' The Cymric discontinued carrying passengers some time ago, it was stated. Captain F. E. Badnell, at vari ous times, commanded the Adriatic, Majestic and other ocean greyhounds of the White Star line fleet. When the Cymric sailed from here cn April 29 her entire cargo consisted of munitions of war. A list of the principal items which was filed in the ship's manifest at the customs house follows: Eight cases of firearms, 13 cases of guns, 80 cases of rifles. 820 cases of primers, 2163 packages of forgings, 11,049 cases of empty shells, 40 cases of aeroplane parts, 84 cases of tractor parts, 62 cases of lathes, 1572 bales of cotton. 75U0 barrels of lubricating oil, 60 cases of steel tubes, 17 cases of copper tubes, 17K8 plates of spelter, 20 cases of gun parts, 6 cases of bay onets, 62 4 cases of rubber boots and shoes. 220 cases of fuseheads, 7 cases of empty projectiles, 122 cases of l'orgin:-:s. SitOO cases of cartridges, 6720 cases of fuses. IS cases of auto mobile parts, 400 reels of barbed wire, 21,908 bars of copper. 1217 cases of agricultural machinery. No word regarding the sinking of the steamer was received during the afternoon by officials of the White fctar line of the British consulate. Bertln EFFECT OF SINKING OF CYMRIC DEPENDS ON CIRCUMSTANCES OF IT has declared that Its orders to sub marine commanders were intended to confine their operations to the fight ing forces of the belligerents. The Cymric was not a fighter. Effect Zs Problematical. The effect of the incident Is prob lematical. If there were any Ameri cans aboard, quick disavowal and reparation from Germany are ex pected. This government has made mainte nance of friendly relations with Ger many contingent upon abandonment of such attacks as the one reported yester day. Germany's reported issuance of orders to U boat captains were to pre vent such episodes. It Is possible that the Cymric was the victim of a sub marine the crew of which had not yet received the new Instructions. Until all the facts are known, Washington officials will not discuss the possible effect of the incident. Status Mar Change Case. The report that the Cymric was in the service of the British admiralty freshly complicated the situation. If this Is true and the steamer is therefore classed as a warship, the United States Is not concerned in The attack. On the contrary, Jt was pointed out that th customs collector of the port of New York would not grant clear ances to a ship engaged in unneutral business. The fact that the Cymric was allowed to clear Indicated that ltb status was no different from thai of other merchantmen which were granted immunity. FORMER WAR HEAD OF RUSSIA IS HELD National bank of Eurene appealed from lane county, involving surety bond, opinion by Justice Burnett; hdgmenr-of Circuit Judge Sklpworth for defendant modified. J. I), urcher vs. J. 11. Booth, ap pellant, appealed from Douglas coun ty, action for services rendered as broker, "pinion by Just ice' Bean ; Cir cuit Judge Hamilton's judgment for plaintiff affirmed. Mary T. Wells vs. First National Bank of Romeburg, appellant, appealed from Douglas county, action for money deposited in bank, opinion oy Justice Bean; ' lrcuit Judge Skip worth's Judgment for plaintiff affirmed. and Ueporl. appellants, vs. i N. Mattison, appealed from Clatsop county, action on a promissory note, opinion by Justice Burnett; ("lrcuit. Judge Kakln's judgment for defend i ant reversed. John Minter vs. B. B. Minter, ap r pellant, appealed from Jackson county. suit to settle and dissolve a part- nershlp, opinion by Justice Burnett; i Circuit Judge Calkins' judgment for plaintiff affirm d. Gilbert add Fisher vs. John P. Sharkey, appellant, appealed from Multnomah county, petition for re- hearing denied, opinion by Justice Benson. United States Fidelity & Guaranty company, appellant, vs. I ntted Mates Plaintiffs Judgment Affirmed. Salem, Or., May 9. The judgment of Circuit Judge Knowles in granting a new trial in the case of C. R. Kones RKalnst '. Murdock, appealed from Wallowa coianty, was affirmeil by the supreme court this morning. The plaintiff got judgment for damages lor malicious prosecution. He was accused Of tresspass and was ac quitted. Multnomah Prisoner Pardoned. Salem, Or., May 9. A conditional pardon was granted Tuesday by Gov ernor Wlthycom.be to Andrew Thomas son, who has been in the Multnomah crunty jail since December 6, 1915, nerving a wentence of a year for as sault with a dangerous weapon. While drunk, Thomasson assaulted a Jitney driver and took from hitn J10. The district attorneys office recom mended the pardon and the recom mendation was approved by Clrcni; Judge Kavanaugh, who sentenced Thomasson. Wednesday ' evening the primary grades of Mount Tabor school un der the direction of Misses Dobie, El ton, Davis, Mulr, O'Brien and Pater son will present an attractive operatta, entitled "The Land of Nod." The op eratta depicts the visit of six little Sleepyheads to the court of the King of the Land of Nod where they bebolo. the wonders of the court. The pupils of. the eighth asnd ninth grades directed by Miss Mildred Hurd will sing "The Sandman's Cosming" and "Voices of Spring." Following is the cast of characters: King Alfred Cayo Jack of Dreams . . . Myrl Van Alstyne Sandman Joe Plulm Dream princesses: Queen of Dollies Eva Brask. Dream Prinoe Herbert I,ibak. Dream Prlnfess Ethel Crane. l.ady Fortune Catherine Grout. Mother Goose Ruth Million. Goblin Can-and-Must Clifford At kins. Dream sprite Amelia Sansom, Sher ma Sipe, Sara L.uten. Marlon Graham, Mildred Stipe, Mabel Eastman, Beth Wheeler, Matte. Lawrence, Hazeldeane Fulton. Elizabeth Clement, Fern Chestney, Dorothy Jones. Dream goblin Lee Farley. Standard bearer Vance Prewltt. Pages Lee Holcomb, lewis Cook, Marion Wilkes. Perry Lee Schoon maker. Sleepvlii-ads Sarah Callan. Bertha Boggs, Maris Rosewell, Harry Smg- koon, Denny Clearwater, Leslie Lennon. Washington, May 9. (U. P.t The new German submarine policy may have been tested in the case of the Cymric, torpedoed White Star liner. pollcv of the imperial government such if there was no warning Deiore me as w'ill remove the principal danger to deadly projectile was launched, the an Interruption of the good relations attack apparently violates the orders existing between the United States and i to undersea boat commanders which Trie o-erinari guvci huichi. un.ian.-u hvj German y. Contingency lw-.pn nut into effect Hot Allowed. I -The fact that there were no Ameri cans anoara, ornciais saia iouay. does not enter the case. Germany He- Morrocco has resumed the cultiva tion of corn after a lapse of more than 40 years. CONTINGENCY IS NOT PERMITTED; GERMANY TOLD Continued From rajre One) the good relations between the two countries, the government of the Unit ed States will rely upon a scrupulous execution henceforth of the now altered While you you smoke- smoke and after -COMFORT! You don't care how good a cigarette may taste if, while you are smoking it, that cigarette burns your tongue or "catches" you in your throat Fatimas have a good taste but they don't do that they're cool and comfortable to the throat and tongue while you smoke them. And better yet, Fati mas leave you feeling comfortable afterwards. You can smoke Fatimas more freely than any other cigarette we know anything about without having any heavy or "mean" feeling of having smoked too much. That's why they're so SENSIBLE. Try Fatimas right NOW and prove for yourself howSENSIBLE they are. mi 1 r ) i i r&i'm ii Mil r.w "The government of the United States feels it neressary to state that 1. takes H for granted that the im perial German government does not intend to imply that the maintenance of its newly announced policy Is In any way contingent upon the course of result of diplomatic negotiations between the government of the United States and any other belligerent gov ernment, notwithstanding the fact that certain passages in the Imperial government's note of the fourth in stant might appear to be susceptible of that construction. Bespoasibllity Zs Slagls. "In order, however, to avoid any possible misunderstanding the govern ment of the United States notifies the imperial German government that It cannot for a moment entertain, much less discuss, a suggestion that respect by German naval authorities for the rights of citizens of the United States upon the high seas should in any way or In the slightest degree be made contingent upon the conduct of anv other government affecting the rights of neutrals and non-combatants. Re sponsibility in such matters is single, not Joint; absolute, not relative." Lansing Explains Wots. Secretary lapsing Issued the follow ing explanatory statement concerning the note: "The greater part of the German answer Is devoted to matters which this government cannot discuss with the German government. The only questions of right which can be dis cussed with that government are those arising out of its action or out of our own, and in no event those questions which are the subject of diplomatic ex changes between the United States and any other country. "The essence of the answer fs that Germany yields to our representations with regard to the rights of merchant ships and non-combatants on the high seas, and engages to observe the rec ognized rules of international law gov erning naval warfare in using her sub marines against merchant ships. So long as she lives up to this altered policy we can have no reason to quar rel with her on that score, though the losses resulting from the violation of American rights by German submarine commanders operating under the form er policy will have to be settled. j Germany Refused Arbitration. j "While our differences with Great ' Rritain cannot form a subject of di.- j cussion with Germany, it should be ; stated that in our dealings with the' i-sriusn government we are acting as we are unquestionably bound to act, in view of the explicit treaty agreements with that country. We have treaty ob ligations as to the manner in which matters in dispute between the two governments are to be handled. We offered to assume mutually similar ob ligations with Germany, but the offer was declined. When, however, the sub ject in dispute is a continuing menace to American lives, it is doubtful wheth er such obligations apply unless the menace is removed during. the penden cy of the proceedings." Consul Will Investigate. Queenstown, May 9. U. P American Consul Frost leaves shortly for Bantry to learn whether the Cym ric was warned before being torpedoed and whether she attempted to escape. He will interview the officers. Strikers Return to Work. Pittsburg, Pa.. May 9. (I. N. S.) Thousands of strikers were returning to work at the Westinghnuse Electric plant here today. A complete victory for the company is claimed. L IS:0 $x 1 I i if .irirti I'd I i? the general's home took the ex-raintsU by surprise. i '' ) At the preliminary examination' th authorities searched the home of 'th general and seized four chests full C documents. A diary eeired by ths authorities In dlcates that the general recently htt been living very frugally. In order ti save money for his wife, who is rnucl younger than he. ; Man Who Received :t Threat Disappears J. Wads of Los Angeles, Alaskan Bx-j piorer, mchtn nyntnoui ai wg OTsr the Telephone to Expect Ssath. Los Angeles, May 9. (P. N. 8. Following a mysterious telephone call In which he was told to expect death J. Wada. formerly of Seattle, an Ala-I kan explorer and authority on sclsn- tific subjects dealing with Alaskan, life has disappeared, according to report made to the police. . i' Wada, according to friends, carried S. revolyer several days ago, the first time in his life. He said that someone had. threatened to Kill hlni and throw hU. bodv into the harbor. Lake Steamer Sinks With Score of Crew gov souKHOMLiNorr London, May 9. (I. N. S.) The morning newspapers today publish long accounts concerning the arrest of General W. A. Soukhomllnoff. for mer Russian minister of war, who Is a prisoner in the fortress of St. Peter and St. Paul In Petrograd. The exact nature of the charge against him Is not known. The. arrest was made by a large number of officials of the pub lic prosecutor's department, accom panied by police, whose appearance In SMd rounders in 80 Mils oais, Sut Barge and One of Crew Are BTd; Disaster Occurred on Lake Superior. Sault Ste Marie, Mich.. May 9,-il . . . . T Y , . , 1 . 1 I 1 . oil r-ame iiamui, i.itivc nujjci iur, iaov evening in a 60 mile gale, when the steamer S. II. Klrby was sunk. The steamer .Joseph Hlock rescued one sea man of the Kirby s crew, which num bered Z men. The barge llartwell. which was in tow of the Kirby, reached Kewanee Point safely. CYMERIC OF WHITE STAR LINE GOES DOWN, FOLLOWING ATTACK (Contlnntd Fror. Page One) 110 officers and crew were saved, ac cording to Lloyds. An eaTlier mes sage said several steamers were pro- yceeding to the rescue, and it is as sumed that these took off the sail ors. The Dutch steamer Crontlna wire lessed that the Cymric sank at 3 a. m. "All safe." her radio said. In view of the latest German sub marine pledges, American consuls were directed today to obtain details of the torpedoing of the liner Cymric. Neither the British admiralty nor the White Star Line agents save out any information except brief dispatches from Queenstown saying that the big steamer was torpedoed at t o'clock Monday. It wa pointed out that should it be learned that the Cymric was not warned, this fact wmld not offr proof that the submarine commanders were not keeninir faith with the United States. New instructions have I been issuej to them in accordance with the kaiser's pledges, hut possibly the submarine which attacked the -Cymric left its base before the new orders were issued. The line office believes that there t were no Americans aboard, although one or two American sailors may have j been shipped at New York. For the last six weeks the Cymric has not car ried passengers. The Liverpool agency of the line confirmed reports that the crew had been saved. A Sensible Cigarette jj MANIFEST OF CYMRIC SHOWED CARGO WAS WARFARE MATERIALS New York, May 9. (I. N. S. The Cymric was formerly in the passenger service between Liverpool and Boston. She was transferred to the New York service shortly after the outbreak of (Keprmttd from GtaJ -uh Baiamckd TlXI Campaign if July ana" Au., 191 Si Built like "The Deacon's One-Hoss Shay" "rlHE best Pneumatic I Tire is only as strong JL as its weakest part. Strengthening its strongest parts is as useless as putting a fifth Wheel on a Wagon. Yet this is often done to provide " Selling - feature " and r' Talking Point3 The weakest part of every Pneumatic Tire is its Walls or Sides, not its Tread, it3 Cotton Fabric or "Stocking," not its Rubber "Sole." No price would be too high to pay for a material that replac ing Cotton in the Walls of Pneu matic Tires, would last as long as the Gxxlrich Rubber Tread could be made to wear. Neither Silk, nor Linen, nor any other known Fabric, yet dis covered is so good, for this pur pose, as Cotton, and choice long fibred Cotton is the best material than money can buy for Tire Fabric, in Goodrich Tires, and test every foot of it up to 200 lbs. to the Square Inch, before we percolate it with the most adhesive Rubber Com pound ever made for this purpose. We then shape this rubber ized Long -Fibred Fabric into Tires, with scrupulous care to have the tension on each square inch of fabric precisely the same. That tension is controlled by a machine as sensitive as the eye, and infinitely more precise than the handwork of the most skilled Operative could make it. To do this work we have the most highly trained men in the Rubber Industry, trained in the Precision that practice and our 45-year EXPERIENCE make perfect N' 6 TO Tire Manufacturer. if he received a price of S200 per Tire, could put better Fabric into the Walls of his Tires, use greater care, more sensitively adjusted Tension devices, or more adhe sive Rubber between each layer of fabric. Because, we know the vital importance of THE BEST in this part of the Tire, and use it there unsparingly. But, notwithstanding all this, the FABRIC is the part of the Tire which goes first. Because the sides of the Tire do most of the work in running, bending and stretching a mil lion times an hour. in scores of different directions. This bending of the sides causes Friction between the lay ers of Canvas working against each other, Friction causes Heat the Heat over-cures and dries out the Rubber Adhesive between layers, which then separate from each other, in spots, the threads weakening or wearing out chafing against each other. Then you have, in due time, the incipient blow-out or other form of Tire-Death. P: Good Goodrich " Fair-List " Prices BLACK SAFETY TREADS 30x3 1 c- . CI $10.40 30x3ttj " $13.40 32x3'j $15.45 33 x 4 . . . . . $22.00 34x4 - - .. . - $22.40 36x4'j - - - . - - $31.60 37 x 5 $3735 38 x 5V4 $50.60 H UT more 1 avers of Fafo- nc than we do in the walls, to strengthen them, and the frtctton increases, with faster deterioration of the Rubber through the greater heat engendered. Put fewer layers, and the walls wouklnot be strong enough to carry the load of the Car. So there you are Mr. Tire User ! Why put MORE layers of Fabric in the Walls of the Tire than will properly scarry the load, when each additional layer is an additional developer of thai FRICTION-HEAT which is to Tires what Old Age is to Man ? F1HAT$ the reason we build (and have built JL for more than a year), in the Goodrich Tire, a carefully BALANCED Tire, emulating the famous example of "The Deacon's One-Hoss Shay" in which 'the Sills were just as strong as the Thills and the Thills as strong as the floor." The Maximum Fabric effi ciency and THEN, the rest of the Tire built up to, that Result, The most RESILIENT Tire that can be made with Fab ric Walls, at the fairest price per Mile of performance. Why pay more for any Tire? THE B. F. GOODRICH RUBBER CO. Akron, Ohio Portland Branch Broadway at Burnside St. Black-Tread Tires This Advt. reprinted ( with revision if prices, etc ) from Codrck campaign, published ":; Juty and ,."f?f. tost fear, viz. J91) the war. She .had accommodations fori - 1 -its .r - is, - -3 1