HAIRSPLITTING ISSUE CONCERNING PLEADING INTERESTS LAWYER Judge Had Scored the Time "Wasted" on Discussing ' "Negative Pregnants," MATERIAL FACTS RELATED apron Court Deeieloa Xemaads Cut and plaintiff r Given a Chance ,A to Amend Bar fceply. The recent decision of the supreme court, written by Justice McBrlde and concurred in by Chief Justice Moore and Justices Burnett and Benson, re vcrslntr the case of White vs. East Bide Mill & Lumber company. Is cans Injr widespread comment among, the lawyers of Portland. This Is particularly mo In view of the fact that a new trial has been ordered because' the attorneys for Mrs. White, In their pleadings, denied that White had "carelessly and negligently' turned his back Instead of having de Died that he had ."carelessly or negli gently" turned his back. Tacts In the Cage. The facts In the case are that James R. White, a traffic policeman stationed st Union avenue and East Burnside treet, ' was run over and killed on the evening of November 17, 1914. by an auto truck belonging to the East Side MJ11 4 Lumber company. His widow. Lulu Ji. White, filed uit In January, 1915. charging that the company had been guilty of negli gence in operating the truck. Tho case was tried before Judge McGinn in June, 1915. and the Jury gave a yerdlct for Mrs. White In the sum of J7500, the full1 amount asked, s Trial Cort County 8300. The trial of- the case occupied four i days before udge McGinn, and the rout to the county was not less than $380. This Is exclusive of atotrneys fees- to either litigant while the cost bill .filed amounted to more than $400 A yea,c. and a half has elapsed be tween the filing of the eult and the decision of the supreme court. With the decision, ordering a new trial, the ' case must now go to the foot of the docket, take Its ' turn for trial and probably go once more to the supreme court' before being finally determined. Case Tarn on "And," "Or." The defendants in their answer be fore trial charged that White had "carelessly and negligently" turned his back upon the company'a auto truck, after signalling it to go forward, and that while his back was turned he had "carelessly and negligently" ' stepped backward and in front of the rear wheels of the truck, with the re sult that he was run over and killed by his own negligence and not that of the company. Mrs. White, In her reply, denied that White had "carelessly and negligently" turned his back upon the truck or had "carelessly and negligently" stepped in front of the wheels. Demurrer Baaed on "And." The defendants interposed a demur ,rer to this reply before trial, contend ing that the use of the conjunctive "and" rather than the disjunctive "or" constituted, In effect, an admission that lie was either careless or negli gent. Judge McGinn overruled the de murrer and in passing upon the point eald: "We" uscjfl to waste a lot of time when I was a boy talking about nega tive pregnants, and I - don't suppose sny boy after he has gone through the subject knows much about the affir mation contained In a literal denial, but there has been entirely too much time taken up with that slush. "SuttUtlea of Schoolmen," "Where It Is manifest that an issue has been Joined it Is about time we get away from that atuff and come to the substance of the lawsuit, and not the BUbtiltieir of the schoolmen. Ec clesiastics used to devote a lot of time to telling how many souls could stand UPSTATE MILITIA COMPANIES ON DUTY EARLY .Iwy-..- lllyr- .flT-lL, .-m J . LeaUul......uu,W.p.Ma, 1u1,...,Tm, B Irniin rinnifri to inr ruiiu rflKtwtLLa ml GIVEN AS SOLDIERS TAKE THEIR DEPARTURE Loved Ones Left Behind on Hand to Extend and Re-i ceive Cheering Words, Upstate companies Of the National Guard have been enthusiastic in their haste to recruit up to strength and to get under way to Clackamas. In the aboye picture at the top is Company G, Oregon City, Captain E. L. Blanchard in foreground. First Lieutenant William R. Logus is the first man at the left. Below is Company M. Salem, first company to get under way, at the Southern Pacific depot just prior to entraining. There was a crowd to bid the boys farewell, and a patri otic program was given at the station. were full, but tome vacant file showed where further recruiting will rpaka the complement. The column marched, on 'Eleventh to Washington street, turning east to Sixth. North aides of the street were cremmed with' people, cheering Ore gon's soldiers as they marched away U camp. At Sixth, the column turned north again, reaching the Union Sta tion in time and the special cars parked there by the Southern Pacific company for transporting the forces to Clackamas. APPLAUSE FOR MARCHERS Column Accorded Oration As It Moved Prom Xiooal Armory to the Bai) road Depot Today. "There's Bill now. See what all he a get to carry. Hoo, hod. Bill: "Goodbye, mother, I'll remember." "Now, Henry, I don't know how the children and I are going to get along. Get off aa quick as you can, won't you?" These were some of the comments RPR I Of PERSHING AWAKED BY FUNSTON BEFORE ORDERS SUE Additional Requests for Militia to Depend on Word of Car- rizal Fight, , San Antonio, Texas, June 22. (U. P.) General Funston stated today that heard at the Armory yesterday after- h would issue no new orders until he noon, just before the remaining com on the head of a needle, but we do not talk that language noT-." Justice McBride in writing .the de cision of the supremo court says: "We greatly regret being compelled to re verse this case upon a question of pleading, but we see no way to do so without violating all the established rules of pleading both as prescribed by the code and as they existed at common law." Justice McBride Continues. After a discussion of the subject of negative pregnants. Justice Mc Pride continues: "The reply in the case at bar con sists wholly of conjunctive denials. It denies that deceased failed to look out for himself and keep a careful watch over the traffic on oaid street, which in its final analysis is an admission that he might have been negligent in one or the other of these respects. "It denies that he carelessly and negligently turned his back upon the defendant's auto and failed to look out for danger of being etruck which is entirely consistent with the theory that he might have turned his back to the approaching truck, but that the act was not done In a careless or neg ligent manner, or that he might have turned his back without negligence and yet have failed to look out for danger of being struck. "Wrong Xlnd of Denial. "It denies that he carelessly and negligently stepped back In front and directly In the path of the moving rear wheels of the auto truck, which amounts to an admission that he stepped backward in front and direct ly in the path of the truck, sbut that he did not do it negligently and care lessly. "This is exactly the class of de mam conaemnea Dy me cases aboe cited and explicitly declared by them to raise no Issue. The plaintiff should have confessed the demurrer and ob tained leave to amend, which would have been cheerfully granted by the court. Having persistently refused to do this, we cannot remedy the omis sion here. Court Cant Be Too XdheraL "This court has been exceedingly liberal in regard to defects in pleading. but it cannot extend that liberality bo far. as to condone the omission of material averments or denials. Thia view of the case renders it unneces sary to consider the other questions so ably discussed upon the hearing. The judgment is reversed and the de murrer to the reply sustained and the cause remanded to the circuit court with leave to plaintiff to apply there for permission to amend her reply." What the Constitution Says. Section 3 of article VII of the con stitution says if the supreme court. in the consideration of a case upon appeal, is of the opinion that the Judg ment was such as should have been rendered, such judgment shall be af firmed notwithstanding any error com mitted during the trial. There are many lawyers who con tend that the court In the White case based its decision upon a "refined technicality" and that it would have been in the Interest of ultimate Justice and of the taxpayers had It not held so closely to the age-old rules of com mon law pleading. . JUAREZ EVACUATED BY MEXICAN TROOPS, WHO CONCENTRATE TO SOUTH said to have refused, preferring to work alone. Mexican Consul Andres-Garzla in Juarez today denied by telephone that he intends remaining on the Mexican side where he went last night. He stated that the consulate would remain open in El Paso and that he would return to it this afternoon. Juarex Streets Deserted. Garzia admitted he crossed the bor der because he considered himself safer in Juarex. Asked if Juarez would be evacuated Garzia denied any such intention on the part of the- Carranza troops. "Why the hell should we evacuate?" Gurzia asked. Juarez streets, however, were prac tically deserted before noon. Only a sprinkling of soldiers were to be seen on the streets. A large part of its civilian population was encamped on the southern outskirts. panies of the Oregon National Guard set QUt for the train that was to take them to the mobilization at Clackamas. But among the voices from the crowd of several thousand that packed around j tne Duiiding and swarmed the galleries over the drill floor, came one little piping voice. Child Say:; Goodbye. The voice belonged to a wee toddler. The child leaned far over the gallery reiling and waved a tiny hand at a soldier who was rolling up his kit. "Goodbye, papa," cried the litUe voice. And the soldier stopped in his prep arations long enough to wave a hand at the gallery rail. Oregon's soldiers strode forth from the Armory at 1:30 o'clock this after noon. Not allgthe soldiers were uni formed, some wre without equipment, but all wore looks of cheerfulness. Some of the looks were forced, partic ularly as they dwelt upon persona in the crowd. But most of the men weiie Inclined to Joke with those about them arid exchange chaff about Mexico and Villa and army beans and trench-foot. But as the soldiers marched out of the Armory and joined the column on Eleventh street moving south, with the Third Infantry band playing "America. I Love You," and "Listen to the Mocking Bird," and "Maryland," theJfces somehow were replaced by more sober words of farewell. Becrulte Are In Una. The newly recruited troop of caval ry, as yet unmounted, was In the col umn. For the most part the ranks WORKS INTERVENTION RESOLUTION HUGH BEFOR E THE SENATE Senator Asks Why Delay In Report; Thinks Congress Should Step In. "Washington, June U. P.) The Mexican situation came, up in the senate today' when Senator Works of California called up a resolution which he Introduced five months ago directing intervention. V1 , vi; He demanded to know why the for eign relations committee, to which it was referred, had not acted. "v" Chairman Stone of the senate com mlttee was hurriedly sent for by ad. ministration leaders. .-ffi Stone told the senate Ms commit ; tee had thoifght it beat to take no action and that he could not say when . it would. f ' "Then I move to discharge the com ' mlttee from consideration of the bill, " said Senator Works. ' "I have no desire to force a debate today, but I think that if the execu tlve departments continue their inac tion, congress should step in." May ETacuato Lemberg. Rome. .une 23. (U. A Bucha rest dispatch today reported that prep aratlona for the military evacuation of Lembcrr were made at a special Austro-German war council. ' 4 has received General Pershing's offi cial report, and Is fully acquainted with the details of the battle at Carrl sal. in which 40 American troopers are reported to have been killed, many wounded and 17 taken prisoners. Funston had received no report from Pershing regarding the Carrizal battle up to .9:45 a. m. He declined tp say what orders were to be Issued as a re sult of the attack. i It was admitted at army headquar ters that Funston's determination not to send any special orders to Per shing or General Bell did not mean that swift punitive action would not be undertaken. It was regarded as not improbable that Pershing has already taken steps to punish the Mexican forces. Funston's latest information from Pershing contained - no reference to any jicoutlng parties so far from the lines of communication about 70 miles. Funston said he wired Pershing at 8 o'clock for a report on the battle. He aaid any additional request for militia would depend on Pershing's re 25,000 Volunteers Raised. Galveston. Texas, June 22. (U. P.) Feverish military activity continues In Mexico. A cablegram .received here i today states that 25,000 volunteers have been raised In the stae of Puebla I aione, ana mat corresponding numoers are being recruited In all parts of the republic. Cable messages from Buenos Aires quote the press of that city as being emphatically opposed to Ameri can Intervention in Mexico. If you are not entirely isttisfied with the shoes you are wearing, you should look into the merits of the Famous Ground Gripper Shoes. They will correct your loot trouble and five you real foot-comfort. AH sizes carried in stock for men and women. See that "Ground Gripper" is stamped on the sole, as there are some salesmen that will not hesitate to say that they have the "Ground Gripper," which is a gross misrepresentation and an Injustice to the buying public. The only place these shoes can be purchased in Portland is at the GROUND GRIPPffiShocShop.SiMr1: THtornrs aurnn General U.S. Grant TttemoriaL JVemybrlc If you are planning a fitting memorial in memory oi a iycn one, ir would be wise for you to consult us. We are long experienced in the erection of modest or pretentious monu ments. Let us figure with you. Portland Marble Works PHIUP NEU Sc. SONS, 264 and 266 Fourth St., Opp. City Hail Barre Granite a Specialty (Continued From Paire On) to retire. According to Gonzales, the Carranzistas hold Carrizal today and the Americans are camped in the nearby foothills. The Americans cap tured were transferred to Chihuahua City under heavy guard, according to General Gonzales. A trainload of Mexican wounded also were taken to the hospitals in the state capital. To Leave Border Towns. It is thought the de facto govern ment Intends evacuating practically all border towns and mobilize at in terior points which are now being for tified to resist American forees. - It is reported Carranzista agents visited bandit camps south of Naml qulpa for the purpose of- securing their cooperation in fighting the United States troops. The bandits are Bell Without News. El Paso, Texas. June 22. (U P ) General Bell at Fort Bliss said today p or in Mexican report of the Carrizal battle forwarded by Gen eral Gonzales of Juarez was the only nuiriiuiuou jseii Dad snortlv after 8 m. No report had been rc.lv.i from General Pershing. wuesuoned regarding American oc cupation of Juarez In the event Gon zales evacuates tho Mexican -town. Bell merrea ine newspapermen to General Funston at San Antonio. 'Ufa! vr XI " w jff ll LimJLJa n EXTRA STAMPS TOMORROW AND SATURDAY WITH THE COUPON USE THIS COUPON 80 HATHA BO Bring this coupon and get 20 extra 8. V H. Trading Stamps o n your flrat $1 cash pur chase and double tamos on the bal ance of purchase. Good on first three floors tomorrow and Saturday. June 23, 24. to GIFTS FOR THE SOLDIER'S PACK Paper and Envelopes 354 up "Everready Flashlights . .75 to 31.25 Small "Whisk Broom 25e Shoe Polisher and Polish 25e Pocket Toilet Paper, doz. 50t Pocket Cameras 86. OO up Safety Razors and Blades SI to 85 Shaving Soaps 5 to 25a Fountain Pens 81 to 88 Small Hair Brush 5 to 85 Pocket Combs .10e to 50c Small Shaving Mirror .". .75J to 86 Money Purse , 254 to 82.50 Compasses .. 81.50 to 810 EMERGENCY KIT COMPLETE talning cotton, gauze. bnniWeM plaster, boric acid, Lysol and spirits of camphor. Field Glasses S3 up Colored Glasses 50c up Razor Streps SI to 83.50 Pocket Knives ...25e np Memorandum Books 5c up Tooth Brush . 25 to 50 Tooth Paste or Powder .....15 to 25 Talcum Powder 10 to SO Roll-ups for toilet articles ...8 1.40 np Japanned Metal Box with lock and key. con- aTT 4 aasf adhesive plaster, court plaster, mustard sra 1 2"J SFECXAXi V House Paints You'll be surprised to learn what a small Tjuan-; tity of Sherwin-Williams Prepared Paint wilt b required t6 cover your house. It takes less, lasts longer and therefore is CHEAPER. Let us figure it out for you in dollars and cents: EVERYDAY NEEDS AT LOWEST COST f'l.OO Othihe (double strength) 85V $1.00 Wood-Lark Freckle Ointment ..85 '25c Swan Down Face Powder 15 Callfoma Citrus Cream ' 25 25c "Woodbury's Facial Cream 20 25c Lyon's Tooth Powder , 17 25c Euthymol Tooth Paste 15 26c Bathasweet lfte 60c Odorono --45 Keepclean Hair Brushes made to clean and keen clean 75 and 81 Sanitax Hair Brushes 81.25 to 83 50c Bar bo Compound 38 76c Saxollte 59 60o Eptol 34 $1.00 Pierce's Favorite Prescription.. . 1.00 Peruna ft 1.00 Hays Hair Health 68 Box Camphor-Cedar Chips for Moths 15 9 for 215 25c Rose Water 15 "Wood-Lark" Correspondence Cards .35 With gilt edge 454 Hurd's "Polo Linen." white and tinted 75 Big Candy Special Choice assortment of Caramels, Rolls, Kisses, Chocolate Creams, Ousters and Chips in all the different fla vors. Special, Poun3, Likly" Luggage lends an air of distinction to the one who carries it. JTXnCTAT wXSJTIMBK -"MsBSHAU. 4-70O -HOME AeTW Pershing Hears Nothing. San Antonio. Texas. Jun. 92 ti P ) General Funston received a mes- oago mis aiternoon from General Pershing stating that Pershing haj heard no report of the Can-Wal hattia except the one wired him by General oen rrom til Paso. squadron of the Tenth cavalry to ln- .owSalQ aa wouia report as soon as "''cin anyming officially. Funston oa.iu no wouiq maKa nn now -j ,,.,.11 i i . . t. irear ayain rrom Pershing. - is ueuevf n nftra that . t r Tenth cavalry, commanded by Captain wa" enaea m the Carrizal Mrs. Madeline Astor Weds Wm. K. Dick Ceremony Takes Place la Bar Harbor, "f a-oaay; only Tew Intimate mends Present at Ceremony. Bar Harbor, Me., June 22. (tt pj Mrs. Madeline Force Astor completed V I 1 - M uv. w.aitui money ror love at the altar today. Dressed in a simple blue serge traveling eut, with a straw hat to match, the widow of Colonel John Jacob Astor was married late this aft ernoon to William Karl Dick of New York?. In doing so she automatically forfeited an income from the $5 000 -000 principal left her by the Tltanlc's wealthiest victim. The officiating clergyman today was Rev. Albert C. Larned Th rr.mn. took place 4a St. Saviour's Protestant Episcopal church. Only s. few intimate irienas were present. The couple will spend their honev moon in a cottage at Santa Barbara. Cel., loaned the bridegroom by Mrs. a. u. uimman. cijuiuy was confusion in Bar ttamor ourng the morning and with the report that the New York train guesis was an hour late, it appeared certain that the wedding would be postponed until: late In the afternoon. Dick was. excitedly hurry ing arouna town with Scott Pyle mak ing xinai arrangements, with "movie- camera men on the dead run taking yuiBuois at mm at every corner, Greece Yields to All Allies' Demands Ultimatum Principally "Was That Army mat e Demobilised; other De mands Hot SCade PnhUo. t Paris, June ii. (U. P.) Greece has accepted all the conditions Imposed in the allies ultimatum. . The chief demand made by the al lies was for the Immediate demobllls. tlon of the Greek army, the allies fear ing - that the Greek forces might be used against them. . A number of other demands, the nature of. which was not made public, were made on Greece, re- suiting in the overthrow of the Greek cabinet. ' , - . wnes wntlag or eaiung ea adrirUsrae. pleat BMOtiae Toe Journal. v (Adv.) A Sale Unprecedented in Portland Wool Suit in the Store Any "If women of Portland only knew what wonderful values you are offering, you haven't enough suits to last a day!" One lady made this remark yesterday. Will you let such an opportunity go by unheeded? Absolutely every Wool Suit, without regard to former price! Our $45, $42.50, $39.50, $37.50, $25, $32.50, $29.50, $27.50, $24.75, $22.50 and $19.50 Suits. The higher price suits are In th majority! Rack after rack are'here to choose from. You can't help but find a suit to delight you, for every wool suit in the house is included. . No.surt sale within our memoy tfvef compared with thisl Many of rnem arfs less than whqlesale cost. We take th radical method of quickly clearing u our stock of wool suits. Novelty Suits black jacket and white skirts, etc J White Suits, trimmed in touches of color. I Sports Suits, in all the strik ing colors. Checks of ail sizes, wi touches of white or black. Navy and Black suits, fn serges, gabardines and pop lins. The rule of this sale Is no C. O, or none laid aside. Everybody has equal opportunity, is now 515. D. 1 an I Every Wool Suit I Second i'ldor, 50 Dozen Silk Waists Especially Large Selection in Women's Sizes Genuihe"Jack Tat" Middle1 1 1 $n .98 By all odds the best Friday Blouse bargain in townl .More of those, fetch ing little silk waists that you want for Summer wear. Cool, pretty col ored striped silks, habutais and fancy silks, with new col lars and other new style-features. You'd never expect to see such Blouses under $2.50 and $3, at the least. Fiiday and Saturday, So dozen of them at St. 9 8. Main Floor, Just Arrived! 200 Stunning New 'Winchaw' Hats $,0-48 2 -Big Frenchy Summer Hats one style as Illustrated. Black and nat ural straw. Friday and Sat urday, 12.48. Also 100 new Trimmed "Winchaw" Hats, priced special at 12.98 to S5.98. The prettiest Hats of their kind ever shown. Main. Floor. I $j.25 Famous for style and fit. The model Illus trated is of splendid white gala tea with col Jar; pockets and cuffs of colored stripes. Priced Fri day S1.25. Main Floor S ! ,he." Jf?M and. SPOKTL'AND'S! f 124.toT2SSbcthSt;Jc6,WasKina&L' White Skirts, $1. 13 new sport models, of corded : honeycomb weaves. Also cotton pbplte. ' Slashed and side pockets. Cut full, frice'd Friday at 11.7$. M Second Floor 1 i: