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