THE I: OREGON DAILY JOURNAL PORTLAND, V SATURDAY, SEPTEMBER 23, '1916.
IS
, CONTINUED UNTIL THE
T " J
.' . j
. ... . .4
Attorneys in Aman Moore in-
Z .'junction Suit Unable to
. .Complete Case,
. i i
, STOCKHOLDERS TO MEET
'Affidavit Submitted by Defease, Tak-
lar Issue "With Statement Mads
.- hy ths Complainant.
t. After five days of argument, atior
tieyv in the cement trust injunction
r case were unable, as they had ex
pected, to bring the Issue to a close
before Federal Judge Wolvcrton this
morning, and the case was continued
until 9 o'clock Monday morning.
,- Ths preliminary injunction asked for
, by Aman Moore, vice president and
treasurer of the Oregon Portland O
ment company, Is directed against' It.
P. Butchart. M. J. Ballard. L. C. New
' lands, Oeorge Macdonald. Clark M.
. Moore and Charles Boettcher, officers
of the company, who are accused of
conspiring in restraint of trade and in
furtherance of a trust.
Stockholders to Meet.
The meeting of stockholders of the
company, which was enjoined by Judge
Wolverton from meeting until 10
,r o'clock Monday, has been set for 11 a.
m. on that day. Among Its Items of
v formally announced business are the
.removal of Aman Moore as vlce-presl-...
dent and treasurer, which would be
, equivalent, attorneys for Moore con
tend, to the dismissing of the $1,500,
, 000 damuge suit which Moore has
brought in the name of the company
' against the individuals named, together
' with a number of cement companies
which he alleges are part of the so-
. caneu trust.
Beginning the closing argument Coy 1
jrnett submitted to Judge Wolverton i
Burne
an indexed of affidavits, letters
and othertfetnsE evidence which have
been submitted hwhe plaintiff to sup
'r port his case, to prove that territory
was apportioned among cement com
panies, that price lists were lnter--
Changed, that trespass on forbidden
: territory was prevented, and that per
aistent efforts were made to keep the
' cement plant at Oswjgo from success-
Cotton Outlines Pisa.
W. W. Cotton said after the court
. session of this morning that undoubt-
edly if the temporary injunction asked j
"for by Moore la granted, he will join !
rivlth a number of other stockholders I
i? a,rlt,,n 'n"rnU "kln that j
the injunction be dissolved.
"r ,...., . , ,,, ,, . I
-I desire an opportunity to question
personally those who have so far been
-represented only by affidavits.' ,
jtald. Mr. Cotton leaven for San Fran-
CEMENT
HEARING
SESSION
MONDAY
---- - - ----- "u means mai every corrupt aocior
Cisco tonight and was excused from ap- , , the 8tate can , preflcripUonfe. on
:r pearance in the case Monday. , ariy flImsy excuse he may make. You
. j,- Affidavit Is Submitted. (will have no power of regulation, no
The principal feature in the cement ' control. They can sell to your chil
trust Injunction proceedings in fed- dren, to drunkards, and to anybody
eral court yesterday5" afternoon was I they please.
the affidavit submitted by W. W. Cot- "The brewers will become th nolo
. ton, attorney for the defense and a i dictators;, will sell to whom they
stockholder In the Oregon Fortland please, deliver when they please and
' Cement company. No charges of any
' kind Were made by Aman Moore, the
.' complainant in the cement litigation,
, that there was a conspiracy in re
straint of trade, testified Mr. Cotton,
until Mr. Moore had failed to secure ;
a majority of proxies necessary to the '
control of the company. Nor did Mr.
' Moore ever say in the former days. ,
declared Mr. Cotton, that, ln consld- ,
'erafinn nf Wtlnc- the nlant at Oaweirn I
go to smash, he. Moore, would be in- j enforce the criminal laws and pro
tdemnlfied for his investment. hlbltion laws is an active, righteous
Bays Moor. Didn't Complain. P"b "entlment and unimpeachable
xt iui j xv-. - -1 j a f puonc oiiicers.
'make any statement or representation
J to me of any kind, character or dc-
eriptlon," the affidavit proceeds, "to
fthe effect or indicating that the said
vR. P. Butchart or the said Charles
Boettcher or M. J. Ballard. L. C. New-
' Mr,r r nr eit.,,., rr th-m
. J . .. '
agreed among themselves that a re-
, t ment plant located at Oswego, Or.,
(would bo competitive to any business
' In which the said It. P1. Butchart and
" f Charles Boettcher, or either of them,
. ) were Interested, and that it would be
necessary for the said R. P. Butchart
and Charles Boettcher, or either of
, r them, on behalf of the cement 'com-
panles doing business ln the states
mentioned in the complaint, either to
control on behalf of all of the said
- J cement Interests, the said plant and
I OrODSrtV at On-woirn Or nr t7...,...
'its completion or successful operation,
; i and at no time did the said Aman
'Moore ever make any statement to
'me to the effect or indicating that any
auch agreement had ever been made or
Uhat any such intention on the part of
;,tthe said R. P. Butchart and Charles
J Boettcher, or either of them, ever ex
isted. Says Proxies Were Solicited.
. "That ln a circular letter addressed
V0 the stockholders of th Orfnn
Portland Cement company, signed by
the said Aman Moore as vice president,
;,a treasurer or tne Oregon Portland
-Cement company, the said Aman Moore
.purporting to act in hi capacity as
vice president and treasurer of the
'.said company, solicited proxies from
stockholders for a stockholders' meeJ-
Jng; that in one of the paragraphs )f
! the said circular letter the said Aman
' Moore stated:
' " 'I have called for proxies in Order
to avoid litigation which is Inevitable
unless the stockholders will cooperate
, ln electing a new responsible board by
promptly executing i their proxies, or
unless they prefer to have our com
pany plunged into bankruptcy. I
-'.stated clearly In my, previous letters
that some definite action was impera-
"TP 1QNORANCE I bliss,
kit 'tis folly to be wise."
Wrong, brother. "Ignor
ance" might mean that you
didn't know about the
OWL cigar. Of coarse the
bliss comes from being an
OWL "regular" which is
something the poet didn't
know anything about.
4
Tht Million
Dollar Cigar
NUUKJNST ft CO.
INCORPORATED
ftlve in order to protect the stock
; holders' mteret. Those who have
but a small amount infested may well
afford to have matters drift even
though they would lose iheir invest
ment Vltb rr.9 It Is entirely- differ
ent, as I have all my investments con
centrated in this one company and am
therefore compelled to promptly pro
tect the same.' (
Prompt Action Demanded.
"That In another paragraph of the
Mid circular letter the said Aman
Moore states;
"'It is imperative that all of the
tocihoidrs should co-operate in
fairs by th election of a new repre
sentative board -of directors and to
thoae who are cooperating. I desire to
May that their interests will be given
the exact consideration that, my own
will be given. "Matters cannot con
tinue as at present much longer, and
If the stockh61ders do not co-operate
by promptly empowering me to call a
stockholders' meeting with their
proxies, I will then be compelled,
under the circumstances, and In order
to protect my own investment, to take
action through a court order, if nec
essary. I am hoping, however, to
avoid such court action, which can
only be prevented by immediate co
operation of the stockholders in the
execution of their proxies.' "
STo Price' Increase.
Mr. Cotton closed his affidavit with
a quotation from a letter written by
Aman Moore from which he endeav
ored to establish the proposition that
there has been no increase in the local
price of cement to give evidence of
the existence of a "cement trust."
In a personal statement Mr. Cotton
expressed the strongest resentment be
cause other local stockholders of the
Oregon Portland Cement company have
taken the present proceedings witlt
such indifference ano apathy.
ROUNDLY SCORED BY
LA.
PrnnnSPfl Rlllft Fvfifl MOTQ
' 'UpUoCU I1UIC LVCII IVIUIC
Damnable I nan I hat ot
Washington, He Says.
The proposed brewery amendment
von strongly denounced by Rev. Mark
A. Matthews of Seattle in an addres3
before the Anti-Saloon league at "White
Temple last night.
"Your proposed brewery amend
ment," said he. "is even more damnable
n mat oi wasnmsion. i nnv ul
f" a bin In which there were more
'Jokers more Infamy more crime, nor
rter Possibility for corruption and
"it will mean that every room in
. . , . . . '
every hotel, apartment house, every
, n
ent w, be(.ome a beer depository,
.... ... . . .
where they please, in such quantity or
under such regulations as may be pre
scribed by law. but they propose to
debauch your legislature and to moke
the law to suit themselves. If their
amendment passes, your state will be
ln worae condition than if you had a
aaloon under regulation at the corner
of every fUreot and on every cross-
road."
A" hat was needed. In his ODlnlon.
Speaking before Dr. Matthews. R. P
Button, superintendent of the Oregon
Anti-Saloon league, urged voters to
register. He said: "A house-to-house
canvass here In Portland reveals 25 per
cent of the diys stili unregistered, and
the books close in two weeks, while all
ftut s Der cent, of the wets declare
themselves reKfxtered
We have a dry
majority in OreKon, but' of the voters
registered, the wets have a majorty to
date."
House-Undamaged
But Horse Is Killed
While Moving a House at Westover
Terrace, It. Becomes Unmanageable
on the Grade.
One horse was killed and the other
badly injured when a house bejng
moved along the streets of Westover
Terrace yesterday afternoon darted
rolling down the hill and ran down the
team. The -horses belonged to the
Clay-Morse Transfer company. The
driver escaped by jumping. The house
was mounted on a truck structure
with four small steel wheels, and be
came unmanageable in going down a
small grade.
i he norses ran awav.
DUt tne bouse traveled faster and over-
i """ meiji. ine nouse. which was
' about 25 by 20 feet ln dimensions, was
not badly damaged.
Market Man and
Customer in Fight
Decayed grapes brought about a
fight at Third and Yamhill streets,
the merits of which will be tried out
in the municipal court Monday morn
ing. Charles Mast, 62 years old, of
284 Hooker street, and C. Pander. 45
years old, of 674 First street, were
the combatants. Mast purchased
grapes yesterday at Pander's stand in
the public market and later, finding
them badly decayed, returned to Pan
der and demanded hi money back.
The vendor refused this and a discus
sion and fight started that was only
ended when Patrolman McMlchael ap
peared, and arrested the principals.
Girl Tries to Die.
Marie Roeser, domestic. 20 years old
employed m the. family of T. J Shea!
882 East Elghteentn street north,
crank wood alcohol at the Shea resi
dence last night. She was taken to
St. Vincent's hospital. At the hospital
for many hours . she refused to give
her family name, and she has remains
silent as to why she wanted to die. Her
condition is not thought to be serious.
Railroad Company Exonerated.
John Smith, the sawmill laborer who
-wm auiea oy an s.. P. & S. train near
Llnnton Wednesday evening, met death
through his own carelessness, accord
ing to me verdict returned by the
coroner's Jury at the inouest u.t nt,t,i
Smith was killed while walking along
the tracks with his wife and three
cnuaren.
BREWERY MEASURE IS
V
MATTHEWS
INSPECT!
(1
ASKS THE CITY TO PAY
SUM AS BACK SALARY
fichael McCarthy Makes a
Claim as Sequel to Recent
. Montavilla Inquiry,
UP TO CITY TO MEET IT
City Attorney LaXocha Benders Opic
lon to Zf f act That 9307.74 Will
Have to Be Paid.
Ajs an echo of the Montavilla sewer
Investigation the city council Is now
asked to pay the salary of Michael Mc
Carthy, a sewer inspector whom Com
miesioner Dieck vainly attempted to
discharge for the inspector's part in
the investigation. Commissioner
Dieck charged McCarthy with spread
ing false stories as to the condition
of the big conduit.
McCarthy was discharged May 10.
with several others and immediately
sought a hearing before the civil serv
ice board. The same hoard which had
been instrumental in having the coun
cil investigate the condition of the
sewer reinstated McCarthy. August S3.
McCarthy now wants his salary
from May 10 to August 23, and City
Attorney I,a Roche says that the city's
only recourse la to pay his salary
amounting to $307.74. Commissioner
Dieck is to submit an ordinance to
the council Wednesday authorizing
payment.
TO PERFORM JYOOl) CONTRACT
Amsterdam Casualty Co. to Carry
Out Agreement Now.
The Amsterdam Casualty company
is to carry out the contract the city
had with Charles R. Hart for hauling
cordwood from the city's wood camps
near Whitwood court. Tne city can
celled the contract when it was learned
that Hart could not account for 140
missing ccrds of wood, and brought
action to require the casualty company
bonding Hart to carry out the contract.
A settlement has been made now, how
ever, whereby the city is to pay tho
bonding concern $617 which is due
Hart. Warrants were to have been
authorized drawn by the council today,
but, owing to the absence of Commis
sioners Dieck and Daly, action was
postponed until Monday.
Grade Projector Perfected.
A mechanical device to show accu
rately the grades on streets has been
perfected by Robert McMullen, assist
ant city 'engineer, and will be used
thereafter ir making plans for street
Imp: ovrinents.
The device is so constructed that the
grades can be determined at a glance
and recorded by photographing. Mc
Mullen calls the device a "grade pro
jector." Demand for Apple Pickers.
Apple pickers, packers and sorters
are wanted at once by apple growers,
prin lfcilly in the Hood River valley.
N. F. Johnson, director of the public
employment bureau, says that positions
are open for 1500 workers. He says
that packers may make $3 a day and
more, and pickers will receive from J2
to $2.50 n day. The public employment
bureau at Fourteenth and Johnson
streets is handling applications and
wo king n conjunction with the Apple
Growers' association.
More Women Needed
' To Aid War Relief
The help of more women Is needed
by the Portland war relief committee,
which has resumed the work of sup
plying surgical dessings and ban
dages for the hospitals in Europe.
The most urgent appeal Just re
ceived by Mrs. V. I). Wheel wrigiit
fiom the chairman of the allies dis
tributing bureau is for gauze. "The
cry "for help from those who are suf
fering must be heard, and Portland
women must answer immediately,"
said Mrs. Wheelwright.
The former headquarters In the
Spalding building, at Third and Wash
ington streets, have been reopened,
and meetings are held on Tuesday,
Wednesday and Thursday mornings.
Mrs. W. J. Burns is general chairman.
The work already performed by the
committee has done wonders, it is as
serted, aiding, ln the relief of the suf
fering in the 620 or more European
Hospitals.
Karl Marx's Theory
Subject of Debate
A large audience attended the debate
on Socialif-m at the Turn Halle last
night, h. C. Uthoff. who attacked the
theories of Karl Marx, stated they
were not in accord with biological
science. His opponent, Moses Baritz.
pointed out that Marx had shown
1 years before the Darwinian theory
of natural selection had been glvn
publicity that the struggle for exist
ence, the series of class struggles
throughout history, had been the domi
nating factor in social development.
Mr. Baritz quoted Huxley, Spencer,
Darwin. Haeckel and Grant Allen to
show that' Marxism was scientific.
Mr. T'thoff alsocontended that the
theory of the class war was too broad
In its application, and too narrow in
its interpretation.
Mr. Baritz pointed out that nearly
all the modern sociologists accepted as
axiomatic the Marxian contention on
the class struggle. Mr. Barits said
that his opponent had not even men
tioned the theory of value, which he
contended was the pivot of present day
economic society.
Dr. Virgil McMickle presided.
Land and Loan Law
Is to Be Discussed
The members' council of the Port
land Chamber of Commerce will con
sider the proposed land and loan law
at its weekly luncheon Monday noon.
Two meetings have been set aside for
consideration of this subject, the pro
tagonists of the measure to have
first innings. Eugene E. Smith, presi
dent of the Central Labor council, will
present the arguments Monday ln
favor of the bill.
At the following week's luncheon,
the opponents of the measure will pre
sent, their arguments. For this, the
speaker has not been definitely de
cided upon.
OR OF SEWERS
Portuguese Report
Successful Attacks
Uskoa War Office Bays Enemy Kas
Seen Toroed to Betreat to Osmaa
East Africa Bsfor Advaace.
Lisbon, Sept. 23. (I. N. S.) Portu
guese attacks in German East Africa
have been successful and the enemy
has been forced to retreat, according to !
an official statement issued by the war
office. It says:
"After the passage of the Rovuma
river, our columns advanced eight
miles and occupied Mlobo. The left
column seized Katibus and the Ger
man barracks and proceeded toward
Nacoas. The columns on the center
and right, inarching toward the Ml
gomba depot, reached Taketo, on Rovu
ma bax- Jhe enemy retreated toward
Sasawara, wfcst of Lindi. The natives
willingly accepted Portuguese domina
tion." BRITISH DRIVE ALONG
BAPAUME ROAD WENT
FORWARD LAST NIGHT
(Continued From Pagt One..)
tack." an Isolated structure at the
extreme outskirts of the important
German base on the Somme was cap
tured by the French yesterday. The
building had been strongly fortified as
a defense work. Three officers and 97
n en were taken prisoners.
Simultaneously General Koch's troops
pushed forward to the southeast of
Combles, tightening the ring around
that town, ln this action 40 prisoners
were made.
A semi-official estimate says the
German losses suffered in the vain
counter attacks around Bouchavesnes
on Wednesday were 30,000.
Germans Cannot Stem Attack.
The German commander tried vainly
to stem the French advance against
Combles by a sortie from the trenches
south of Rancotirt. It was nipped in
the bud by the French barrier fire..
The British operating northwest of
Combles with the dual aim of break-
ing through to Bapaume and closing j
in on Combles in conjunction with the
French, registered a further advance
on a front of a mile today, taking two
lines of German trenches and straight
ening out their front between the vil
lages of Flers ard Martlnpunlch. On
the northern stret-rh of the Anglo
German front below A rras the British
carried out a successful raid, pene
trating German trenches and inflict- I
iny many casualties. '
Counter Attack Checked. j
, , , ,, .
The French earlier in the day
checked a violent counter blow by th
Germans between La Prlez farm and
Rancourt, driving back the Teutons'
storming waves with heavy losses. The
next 48 hours are expected to wltr.es
a French attack on Combles en masto
with British cooperation from the
northwest.
The British night report says that
General Sir Douglas Haig's troops,
during the day, "pushed forward In
several directions." More than 65,800
prisoners were taken by the allies
on the Somme from July 1, when tho
allied offensive began, up to Septem
ber 18. theFrench night communiaua !
.ays. This makes an average of nearly Attorney Fulton pointed out that her
700 prisoners taken dally in 80 days. I records show that class of women.
Of the total, the French alone tooli who attended only on Tuesdays, were
34,050. present 20 days in the month. He
On the Verdun front there was no asked for an explanation. Mrs. Alex
action of Importance yesterday. The snder said it was due to the system,
German war office reported briefly on as only reports of absentees were made
the Somme battle yesterday afternoon, by the teachtrs to her office and these
stating merely tht apart Irom the ar- ! women were present on the day for
tihery and hand grenade engagements, i which they enrolled and so were
there "is nothing to report." ; marked present for the full school
; month.
Another Shakeup Hinted j did not know this had been done
Berlin, Sept. 23. ( U. P.)-Another ' unU eptfmb" h? sal,d' '"When 1
shake-up in the Russian war office "ude.rf the school board was say-
may result from the failure of the
Russo - Roumanian campaign in the ;
Dobrudja, according to reports reach- j
ing here from Stockholm. I
The Russians are keenly disappoint
ed over their failure to invade Bui
garia immediately after the Rouman
ian declaration of war. The ease with
which the first Russo-Roumanian at-
tacks were beaten back and the fact
that the Russians have been on the
defensive since Field Marshal Macken-
sen toon charge of the German-Bul
garian operatiops, is reported to have
uroused much bitter criticism both at
Petrograd and Bucharest.
Russian critics are complaining that
the diversion of ammunition supplies
and men to the Dobrudja front halted
the Slav offensive ln Galicla, without
aiding Russian plans in the Balkans.
The czar's failure to approach nearer
to Lemburg has Inspired further
criticism. ,
Acceptance Is Filed
By
Marshall N. Dana
Independent Homines for County Clerk !
Outlines His Season for Entering the
Contest.
jnarsnau . uana rneflnis accept -
ance or tne inaependent nomination for I was called to hear cases in Multnomah
county clerk of Multnomah county this I county a short time ago, has rendered
morning. Mr. Dana was nominateTfa decision in favor of the defendants
at the primary election in June, his in the $100,000 damage suit brought by
name having been written on the baa- tne Crown company against Julius C.
lot, which contained no official can -
uiuaic iui ine uuiue. in outlining tne
-" cMLcriiiK me corneal
against Joseph W. Beveridsre. the R
liublican nominee, Mr. Dana states:
accept this nomination
and only
large number of citizens in all walks
or lire and 1 sincerely appreciate
their confidence and friendliness that
they desire to support me for the of
fice because of the public service
which they believe i may be able to
render in it."
Parade Bomb Case
Submitted to Jury
San Francisco, Sept. 23. (P. N. S.)
The case of Warren K. Billings, on
trial here for tho murder of Mrs.
Myrtle Van Loo, in connection with
the preparedness parade bomb explo
sion of July 22. went to tb,e Jury at
10:63 o'clock today. While both prose
cution and defense asserted belief that
the verdict would be decisive, the gen
eral impression of those who have foi
lowd the trial ln all ite details is that
the Jury will be divided, perhaps hope
lessly. "If the evidence ln this case has
raised a reasonable doubt in your
minds as to the presence of the de
fendant at Steuart and Market streets
at or before the explosion, you must
acquit him."
This was the gist of the Instructions
to the. Jury, given today by Superior
Judge Frank H. Dunne, prior to the
retirement of ths Jury for considera
tion. .
. " , , V. """- l : to tne crown company for a period of
county clerk of Multnomah county ; 30 years, from January , ! 9, 2. with
without effort or wish on my Part, the option of purchase, one of the con
fn6 .1 haPPy and,7ntent' aVd;tions being that a ccrtaln-sixed buHd
nn,&'anr r, "fUi'" ?r"- " erected on it. The own-
to
RECORDS OP SCHOOL
ARE QUESTIONED IN
CASE OF TEACHER
r
Mrs, Alexander Asserts That
Her 'Papers Have Been Al
tered Since Leaving Hands
RECORDS KEPT BY-SISTER
Attorney Pulton Tells Court He Ex
pects to Prove That Beoords
Have Been Padded.
Charges that Mrs. Alevia Alexander,
who is resisting in .the courts her
transfer by the school board from the
principalship of the girl's department
of the Benson Polytechnic, has falsi
fied her records in order to make a
better showing for the school, were
made before Circuit Judge Ganten
bein today by Attorney C. W. Fulton,
representing the school board, and
Superintendent Alderman.
On the other hand, Mrs. Alexander
charged that her records have been
materially altered since they left her
hands. She denied that she deliber
ately padded her records and says
that any appearances in that direction
are the result of the system ln vogue
ln the school.
Mrs. Alexander began the court ac
tion as a mandamus proceeding against
the school board. In overruling a de
murrer to her petition. Judge Ganten
bein held that under the law the school
board had no authority to transfer a
teacher to a lower position without the
teacher's consent or by preferring
charges against her as must be done
in the case of a dismissal.
Argues Admissibility of Evidence.
In today's trial, when Attorneys A.
E. Clark and Franklin F. Korell. rep-
resenting Mrs. Alexander, questioned
the admissibility of the evidence be
ing offered by the school board. At
torney Fulton declared his theory was
that if the board showed that Mrs.
Alexander was Incompetent to fill the
position of principal that the court
would take recognition of that and
would not grant her a writ of man
damus, even though the court had al
ready sustained her point of law. The
admissibility of this evidence will be
rfued before the court this afternoon.
Records of the school district were
,,. . K ,,,. v,,
that Mrs. Alexander was appointed
principal, was recognised as such, and
that favorable comment of the school
was made ln the district's annual re
ports. He pointed out the reported
increase in attendance and the reduc
tion in cost per pupil.
Mrs. Alexander on the Stand.
On the witness stand, Mrs. Alexander
said the records in her office were
kept by her sister, who was employed
as her secretary. She said that in one
or two instances columns of figures
had been changed since the books were
n her hands
Then I investigated."
Senator Fulton told the court he ex
pected to prove that Mrs. Alexander's
reports show in one class an attend
ance of 1621 days when the atcual at
tendance was only 85 days.
Reports Are Questioned.
From the records he cited the case
of Mrs. Goble, who was marked pres
er.t in Mrs. Alexander s records for all
t of November and December, while the
teachers records showed the woman
had left school and the city early ln
November.
Mrs. Alexander replied that the only
way she had of finding out when a
student was absent waa from the re
ports of the teachers, and she inferred
that the teacher had failed to report
this and other cases cited by Fulton.
"What diligence did you exercise to
see that your teachers were reporting
i correctly ? ' asaea Fulton.
"All diligence," replied Mrs. Alex
ander. "You will find in an academio
school of that kind that teachers are
not trained in clerical work, and errors
may be made."
HOTEL PROPERTY TITLE O. K.
indge Belt Holds Crown Company
j Case Is Baseless.
1 circuit Judge Belt of Dallas, who
: Friendly and others as owners of the
Clyde hotel property. The court's de-
rlsinn 1b that lh HcrnHa. nti.
the Clyde hotel property Is clear.
The defendants leased the property
"Cr.T'"tZ
lVtt P"!
rued action against the owners for
damages on the ground the owners did
not have perfect title to the property
ana couia not convey it.
CONTRACT MARRIAGE LEGAL
Court Approves Pact to Protect
'ame,of Little Hon.
A contract marriage between Alma
I. Willis and Harry C Richmond, at
Holstein, Iowa, April 1, 1907. was held
to be valid by Circuit Judge Morrow
ln a divorce suit tried yesterday. He
said ne would so Hold in order to pro
tect the name of Robert Richmond.
the 8-year-old son of the couple He
immediately granted Richmond a de
cree of divorce, as Mrs. Richmond
married Robert Hauswlrth in Michi
gan in April, 1916. The Rlchmonds
formerly lived at 6806 Eighty-third
street southeast, from where she left
last March with Hauswlrth. who was
a boarder in the home. The mother
has the boy with her, and Judge Mor
row held he had no Jurisdiction over
him.
CTRCUS MEN WILL APPEAR
To answer to a charge of false ad
vertising, F. B. Hutch, manager of the
Sells-Floto circus will, appear before
District Judge Dayton this afternoon.
He has also vouched for the appearance
o Tom Jones, manager of Frank Gotch.
Fish Catchers at ;
Grays Harbor Out
For Higher Prices1
Aberdeen, Wash., Sept. 23.
All fishermen of the harbor are
on strike for an advance in
price of the several grades of
salmon.
The chief flrht is being made
on silversides, which have sold
at o much apiece. The fisher
men demand a weight price.
About 500 hundred men are out.
Increase in the price of all
fishing material is given as the
cause of demand for . higher
prices for their catch.
S CAMPAI
IS
IN STEADY MANNER
Ashland Supporters Make
Liberal Contribution in Ap
preciation of Efforts,
Woodrow Wilson Campaign
Fund.
Previously reported ..$2134.00
Today's Qontrlbutlons:
A. A. Bent, Bay City.. 2.00
Loyal Wilson Men of
Ashland 50.00
'
Total- $2186.00
J
"Enclosed please find bank draft for
$50.00 to be applied to the Woodrow
Wilson national campaign fund. This
is from a fw of President WUson'a
friends at Ashland and is ln apprecia
tion of the president's efforts in be
half of the common men of America.
"We also wish to express our ap
preciation of the support given by The
Journal ln this same cause and will
always remember this one paper hs
truly American and loyal to American
principles."
This is the message from the south
ern part of the state with a contri
bution to the Woodrow Wilson cam
paign fund. It is another contribution
from the common people of the state
for the purpose of aiding ln the re
election of President Wilson, who has
been the friend of the common man.
The following coupon points the way
by which other friends of the presi
dent may aid ln the advancement of
his cause:
Woodrow Wilson Campaign
rand. m
To the Oregon Dally Journal:
g
I Inclose herewith f
tor the Woodrow Wilson cam-
jalgn fund, to be spent ln fur-
.
theiance of the $
(Oregon or National.)
4t campaign for the reelection of
President Wilson.
Name y
" Address
(Mail this coupon, together
with your contribution en- 4
closed, to The Journal, Wood-
row Wilson Campaign Fund,
Portland. Oregon. Check should Hi
be made payable to The Jour- 4
nal.) 4
the world's famous champion WTestler.
Hutch was arrested last night by
Constable Andy Weinberger on a John
Doe warrant issued on complaint of
George W. Bowers, who said he went
to the circus purposely Thursday night
to see Frank Gotch and Jesse WHlard.
After buying a ticket for a front seat
in the reserve seat section he learned
that Gotch was not with the circus.
He was disappointed. He looked up the
show's advertisements, which said-that
Willard and Gotch would appear at
every performance, and then wsught
the district attorney's office and said
he wanted to prefer against the show
a charge of false advertising. The
complaint was Issued by Deputy Dis
trict Attorney Roblson.
Manager Hutch was released under
$500 bonds.
In the Divorce Court,
Divorces were granted yesterday as
follows: Lillian Busbee vs. W. D.
Busbee, married ln Multnomah coun
ty ln 1913. desertion; Priscllla J. Rol- 1
lins vs. Charles K. Rollins, married in
Kansas in 1882, one child, desertion.
$10 a month alimony.
New suits for divorce were filed as
follows: Anne Bowles Ford vs. Claude
Ernest Fdrd, married ln Portland ln
1911. cruelty; Anna P. Cortright vs.
John J. Cortright, married at Welser,
Ida., in 1892, cruelty.
Jury Awards Damages.
A verdict against the Portland Rail
way, Light & Power company for 11000
was awarded Grace D. Myers, adminis
tratrix of ths estate of Alton Myers,
by a Jury in Judge Gatens' court yes
terday. Alton Myers, while a pas
senger ln a JitnSy, was killed in a
streetcar collision last October. The
accident occurred on Union avenue, be
tween Fremont and Beach streets.
I OSes Suit for Salary.
C. D. Charles has lost his $60,000 suit
against the Oregon Gold Prospecting &
Promoting company by the verdict of
a jury in Judge Kavanaugb's court
Charles was manager Of the company,
which had offices in Po--tl.-Mid, frcm
1908 to 191S, inclusive, and he su': for
J 10.000 a year salary.
Convicted of Speeding.
A Jury in District f'idgc Dayton's
court yesterday afternoon fc;unJ A. F.
F.Ireth guilty of speeding. Ilo wi'.l be
sentenced today. He was arrested on
the ColumbK liver highwa by officer
Taylor last Sunday, and when brought
into court pleaded not guilty and de
manded a jury trial.
On the Way Home.
Senator George E. Chamberlain is on
his way home, according to word re
ceived by friends, he having- left Wash
ington last night. It is probable that
he will stop for a day or so in Chica
go in which case he should reach Port
land during the latter part of the
coming week.
Congressman McArthur is expected
to reach Portland tomorrow,
Living Models.
In response to many requests, the 1
Emporium will repeat their display of
fashions on living models In the shopi
windows. from 8:11 to :4S tonight Ad.'
WILSON
FUND
INCREASING
Charles Fairbanks
Due Here Oct. 6
publican. Vlee-Fresldeatial Xomls.ee
to Speak at Blf Bally, Probably at
the Zc Palace.
Charles W. Fairbanks, former vicc
presideiu and present Republican vice
presidential nominee, will be in Port
land (,. obfr 8, according to word re
ceived at Republican headquarters this
morning. Plans are now being made
for a blK rally, at which Mr. Fairbanks
will dellves the principal address. The
meeting wll probably be held in the
let. Palace.
It is also announced that Henry D.
Estabrook of New York will be here in
the interest of Mr Hughes' candidacy
during the early part of October.
E
A MORE
SERIOUS OUTLOOK
Total Shortage Is 1607 Cars
According to Figures Sub
mitted at Hearing,
Southern Pacific car shortage con
ditions were more aggravated toduy
than at any time during the pressut
shortage, according to figures pre
sented this morning before the Public
Service commission at Salem. Tbe
total shortage is now 1607 cars in the
Oregon district, trhe report showed.
The highest previous shortage was on
September 11 when orders for cars
exceeded the cars available by 1G44.
At local headquarters of the railroad
It was explained this morning that
yesterday's orders totaled 687 cars
476 closed and 213 open cars. Avail
able for loading, C21 cars were reported,
making the new orders 166 in excess
of the supply.
Exclusive of today's fisrures. which
(had not been received at the general
orrice, the cumulated shortage amount
ed to 1313. Orders for 1834 cars we.e
on file with 421 cars to fill thm
with. These figures, however do not
include the new orders.
Seventy-three empties were received
at Ashland today, 3 the day before
and 48 the day before that, so that
the average receipts for the three days
were 53 cars fulfilling the promlte
of the railroad officials.
It appeared today that the same in
fluences that have caused the extreme
shortage on the Southern Pacific lines
are also manifesting themselves wltn
the other lines. The O-W. R. & N. re
ported this morning that yesterday's
loadings were the largest ln the his
tory of the northwest, with 720 cars
for local business. There Is still
plenty of open cars on the Union Pa
cific system, it was pointed out, but
some orders for box cars have not
been filled as promptly as shippers
wished.
Traffic officials of all lines are ap
prehensive regarding the situation
when the real movement of grain be
gins. Even the Oregon Electric, which
so far has been able to get all the car?
needed to rill orders, la beginning to
feel a tightening influence as the
parent transcontinental lines are be
ing harder put to supply equipment
Dealer Is Fined for
Selling "Hard" Cider
The sale of cider that had hardened
until it contained more alcohol than is
found in beer cost J. E. Hilt proprietor
of a soft-drink and confectionery estab
lishrrTent at Second and Burnslde
streets, a fine of $100 In the municipal
court this morning. He was convicted
of violating the prohibition law. The
complainant was Public Defender Rob
inson, who consumed some of the ex
I hilaratlng cider and caused It to be
analyzed.
CAR
SHORTAG
NOW
ASSUMES
Read This Railroad Ad
You Will Find It Different
V
State Fair Bulletin
VOL. 1
SATURdXy,
by
Issued Sally
STATE FAIR
OPENS MONDAY
Big Fair Ready
For Visitor
Salem, Or., Sept. 23 Tne
Oregon Stale Fair this year
promises to be the best fair ever
held. Special Poultry, Corn and
Flax exhibits. Each county is
well repiesent-il. The Coos
country will be better repre
sented than heretofore on ac
count of rhe recent completion
of the Southern Pacific's Coo
Bay Lin from Eugene.
SOOTWRN .PACIFIC OrfERS
GOOD TRAIN SERVICE
Portland, Or., Sept. 21.
The refular train of the South
ern Pacific will he provided with
additional coaches to accommo
- TICKETS
On Sale to Fair Grounds Sept. 23 to 30th, Inclusive
Return Limit, Oct. 4th.
Union Station East Morrison St. Station
City Ticket Office, Corner 6th and Oak
Broadway 2760 . A-6704
John M. Scott, General Passenger Agsnt '
SOUTHERN PACIFIC LINES
FAMOUS
REBEL YELL
GREETS MILITIAMEN
AT END OF LONG HIKE
History-Making 85 Mile Hike
of 14,000 Citizen Soldiers
Is Completed Today. -
GREY VETERANS SALUTE
Uilitla Column 18 Mllss lonf Zs Re
viewed by Army, Stats and City '
Officials at Austin, Texas.
Austin, Texas, Sept. 2i. (U. P.)
The suffron dust pillar that had hung
ln grotesque shapes over the road to
the south for an hour or mors drew
nearer and nearer and finally lifted
to reveal a double line of olive-clad
horsemen.
It was the cavalry advance guard of
the Twelfth provisional dlvlsloj of th
V'nlted States army the 14,000, citi
zen soldiers, who, today are complet
ing k history-making S6-mlle hik
from Fort Sam Houston.
A piercing, high-pitched yell aroM
from a single line of bent and broken
old men. who stood stiffly at attention
beside the road, ln startling contrast
to the animated and colorful thousand!
of younger folk who had gathered ts
witness the national guardsmen's ar
rival. Salute Is Instantaneous.
The quavering greeting rose hub
above the more sedate applause of trt
others. Its strangeness startled lh
troopers from their military bearing.
They stared at the old men, whoa
faded uniforms were as grey as theli
hair and beards. They espied a flaa
that few of them had ever seen th
stars and bars. Then they knew. Th
had heard, and been thrilled by, tht
famous "Rebel yell."
As one man the troopers Jerked theli
right hands to their hat brlma
as they rode by the aged Confederate!.
It was the tribute of the rookie to Hi
veteran; of the North' to the South foi
these cavalrymen were from the othel
side of the Mason and Dixon pru
and their fathers and grandfathers hrni
fought hard and long against the
very grey-clad men in the bloody dayf
of '61.
Boundary XJnes are Gone.
For hours the little old men gravel
saluted passing cavalry, infantry, ar
tillery and supply trains while ovet
them floated the stars and bars and
the Lone Star flag of Texas.
And every guardsman officer, non
com, and private returned the salute
with military precision. What visions
of past conflicts swept through th
minds of the old Confederates cannot
be known, but the light that came into
their eyes as each regimental stars
and trlpes passed by was evidence
that to them there was no longer any
"south" and "north"; no "east" and
"west" only one great country
America; one great flag. Old Olory.
Men ln ne Condition.
The militia column, 12 miles long,
plodded through the city streets amid
a din of whistles ana bells and on
out to Camp Maybry, three miles
northwest.
On the steps of the capltol building
were General Funston and his staff
with Governor Ferguaon and other
state and city officials.
The guardimen were, ln fins condi
tion and equally fins spirits. Thsy
left San Antonio a week ago and have
made the hike ln easy stages. They
encamped. last night at St. Elmo, six
miles south of here.
Woman's Room Robbed.
Mrs. M. B. Jackson of the Ray hotel,
28 North Fourth street, reported to
the police that two young men residing
lr. the hotel had entered her room yes
terday and stole several articles t
Jewelry, including two breast pins,
three rings and a bracelet. Detectives
Tlchenor and LaSalle are investigating.
NO. 1
8EPT. 23
Southern jpsetfle Uses
date the crowds that will ro
from Portland to the State Fair.
Southern Pacific trains stop at
entrance to Fair Grcuiids. Ke
ular trains leave Portland at 8:00
a. m., 8:50 a. m., 2:00 p. m. and
4:20 p. m.- Leave the Fair
Grounds for Portland at 5:05 a.
m., 9:27 a. m., 1:32 p. m., :20
p. m., 5:05 p. m. and 8:09 p. m.
MONDAY IS CHIL
DREN'S DAY AT FAIR
All ths Children of StsU
Invited by Fair Board.
Salem, Or., Stpt. 23. Mon
day will be Children's bay at (he
Fair here. All. children tilt be
admitted free, Including program
in auditorium in hs erening.
Many parents will take Iheir
children on Monday, and exhib
itors will take special pleasure in
entertaining their Juvenile guests.
A