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: