THE OREGON DAILY JOURNAL, P ORTLAND, TUESDAY MAY 21. 1918.
GATENS DECREE
IN IPHONE CASE
Supreme Court Holds Under Cal-
w til p n mi w vii
Issue Had to Be $750,000.
TRUS
COMPANY IS GRILLED
High Tribunal Declares That It
i Did Not Come Into Court With
Clean Hknds as It Should.
Kaletn
Or.i May, 21. The Bupreme
court. In an opinion handed down today,
modified the judgment of Circuit Judge
Catena In the case of the Title Insur
ance & Trust company, appellant, ver
ua Northwestern Long Distance Tele
phone company, defendant and respond
ent, and Home Telephone &. Telegraph
company; or rortland, interveners, ana
John B. Coffey as receiver of the North
western! Long Distance Telephone com
pany, intervener and respondent. .
' The opinion of the supreme court af
firms the Judgment of the lower court
foreclonlng the trust deed and ordering
the salo of the property of the North
western ' Long Distance Telephone com
pany for. satisfaction of $760,000 par
value of i bonds. , It affirms the action
denying a fee to the receiver and also
denying a fee of $10,000 to plaintiff. It
reverses judgment against the Title
Insurance & Trust corepany for $131,
$54. which was granted by the lower
court in favor of the Northwestern
Long . Distance company as counter
claim. !
:; Suit was brought by plaintiff to fore
close a trust deed given ny tne .isorin-
western Long Distance Telephone com
pany to secure $1,500,000 bonds. The
testimony revealed that the bond issue
Was twice the -amount authorized under
the laws of California, and for that rea
son the foreclosure Judgment" was -re
duced to - $750,000.
f. In denying the fee of $10,000 claimed
by the Title Insurance & Trust company,
Which acted aa trustee for the long dis
tance telephone company. Justice Bur
nett, who wrote the court's opinion,
points out that the trustee did not come
Into court with clean hands.
Jl III Ml'CoruB wilii llio. infill Biaiiuaiu
of good faith demanded of a trustee to
award it compensation for personal serv
ices when Ita own conduct, even when
cloaked under' Inter-locking boards of
directors, did so much to put the cestui
aue trust in default." says Justice Bur
nett. .
Further discussing the action of the
trust company, the supreme court makes
judicial use oi ine worn -uamouuage.
Opinion Says; 1
"It In the duty of every trustee to
act with the utmost fidelity with respect
to the Interests of the cestui que trust
hlch have been lodged In its keeping.
He cannot rightfully assume a position
In' which his own profit will be en
hanced and theee of his principal dlmln
Ished. Neither can he accomplish ' this
renult by Indirection; and the camouf
lage of an intervening corporation under
Identical control designed to effect the
same pur pone will not conceal its con
duct from the scrutinizing eyeof a
court or .conscience.
Old Camp Pals Meet Again
Reunion Held in City Park
Henry Schllngheyde of Troutdale had
not aeeo Dee Wright for 13 year j. since
the time he used to cook and Wright
pack -' for a s camp outfit In Northern
Idaho and Montana. They were great
pals then, and when Henry threatened
to leave the camp because the men were
not civilised enough. Dee declared that
when they left they would both go to
gether. Finally came the parting oi
the ways at . Lewlston, Idaho. Dee
wanted to give ."Uncle" a saddle horse,
but "Uncle" c would ,not take it- The
one went toward Huntington and the
other toward Portland. A
" Mr. Schllngheyde read in the paper
that Dee Wright was td be at the City
park to handle the shipping -of the elk
to Kstacada, and he came to town just
to see him. Out at Wright's temporary
quarters In the City Tark the reunion
took place Monday afternoon.
Dee waa not at homt when "Uncle" days reunited.
Henry arrived, and the old man sat
patiently on a pile of board outside the
elk Inclosure underneath his umbrella,
in the rain. The minutes dragged by.
but no Dee. Finally three men turned
the bend in the road. The old man
jumped to hla feet. His face lit up
with excitement.
I 'aven't seen him for 1$ years, but
that must be him with, the pack on his
back." .
The men came nearer. Within a few
feet of "Uncle" Henry, who was eagerly
watting to be recognized. Dee Wright
suddenly hurled his pack to the ground.
"Well, Jlmlny crickets, old scout!
Where did you come from V. he shouted,
as he grabbed Henry's hand.
"The Mime old Dee S I'd have knowed
you wherever I aaw you. by gosh!" re
sponded Henry Schllngheyde.
Thus were - the two pals of earlier
court In denying the plaintiffs claim for
J10.C00 as its fee should be affirmed."
DESCHUTES COUNTY'S
ELECTION HELD VALID
.1
Salem. Orv May 21. The supreme
court has again, upheld the validity of
the election and procedure for the cre
ation of Deschutes county from a por
tion of Crook county. - - ;
The-opinion was handed down today
In the case of state of Oregon, ex rel,
Ous K. Stadlg, ' appellant, against
Deschutes county and, county commis
sioners. This opinion, which was . writ
ten by Justice .Burnett, affirms the de
cision of. Judge Duffey.
Proceedings . were brought to have
an election held in- Crook county -November
7, 1916,. to , vote on the question
of creating Deschutes county, declared
void because of alleged, irregularities
and to oust from office persons appoint
ed by the governor as county judge and
commissioners. - .
Other opinions were handed down as
follows:
Ina L. De Foe vs. Vim De Foe, appel
lant; appealed from Malheur; suit for
divorce ; opinion per curiam ; Circuit
Judge Biggs affirmed.
O. P. McNamee vs. . First National
Bank of Roseburg, appellant ; suit to re
cover amount of deposit In defendant
bank, which plam tiff alleged was with
drawn by T. R. Bherldan, president.
without authority; opinion by Justice
Harris; Circuit Judge Hamilton re
versed.
Crown company, appellant vs. Emma
Cohn, et al ; appealed from ' Multnomah ;
suit to rescind lease to real property in
Portland, option of which was to pur
chase property for $250,000; opinion by
Justice Moore upholds valldtty-of lease ;
Circuit Judge Belt affirmed.
Petition for rehearing was denied in
Gress & Brakebush vs. Wessinger, Servr
Ice vs. Sumpter valley Railroad com
pany, Cartwright vs. Oregon Electric
Railway company, Oregon Home" Build
ers vs. Elsman, Yett vs. Oregon Surety
& Casualty company. Sharp vs. Marlon
county, United Artisans vs. Cronise.
Cargo Carrier Sunk
In Foreign Waters
Washington, May 20. (U. P.) The
American cargo carrier J. O. McCul-
lough, has been sunk-by a mine or tor
pedo In foreign waters, the navy depart
ment announced today.
All on board were saved except Engl-
For these reasons neer Daughtry, whose address is not
we hold that the action of the circuit given.
Toiecttion
'C' For
Kii ' " It
UI 0 4 Asp
v I' . i
1
PRIORITY LABOR RULE
TO PREVENT HURTFUL
I
COMPETfflON
SSUED
Labor Needs to Be Put Before
Administration Before Dis
tribution Is Made.
FINAL ARRANGEMENTS
FOR COMMENCEMENT
AT 0. A. C. COMPLETED
Ss, . ' - - ' '
William Allen White to Deliver
Class Address; Dr. William
. A. Waldo, Sermon.
r
i
Tear Gaaraate
I rarity'
' e
inn
For the past 14 years
Made on the banks of the Hudson
Bayer-Tablets and Capsules of Aspirin contain enuinj Aspirin.
Demand them in the original packages. For your protection e vary
package and every UbM is plainly and invariably marked with,
the Bayer Cross your Guarantee of Purity.
The trade-mark "Aspiria" (Reg. J. S. Pat Of.) is a guarantee that
the monoaceticacideater of salicylicackl in these UweU sad cap
sules is of the reliable Bayer manufacture
ipr-Ta
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lUInlIullulmlrtllanllIliiuuuJlullUUuuilauuvuh.l(r,
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1 1HEN y6u give to
" - IIIC MM1CI K.HM rt I
Cross you are not giv
ing charity Not a bit
of it! War demands sacrifice. You j-'g
too, must bear your Share. This I
war is your war. And
When you give to the American 1 1
Red Cross you are serving your ' 1 1
Washington, May 21. (I. N. S.) The
establishment of an absolute priority
rule, to apply to every kind of labor re
Quired by the productive sources of the
government, was announced Monday by
Felix Frankfurter, chairman of the new
ly created policies board of the depart- j
ment of labor and assistant to Secretary
Wilson as the labor administrator.
Mr. Frankfurter has designed a pro
gram affecting the distribution of labor
which will put an end to hurtful com
petition among government contractors.
Hereafter the labor needs of every ship
yard, contractor, factory or farm will be
placed : before the labor administration
and its case will be heard before work
men are shifted or alloted as requested.
As explained by Mr. Frankfurter, the
plan will have a stabilising Influence on
the labor market. Workmen will derive
every benefit as to housing, living condi
tions and wage scale.
The labor administration will be
formed Into a cabinet, of which Mr.
Frankfurter will be chairman. They
will hold frequent meetings and the
members will represent the .departments
of war, navy and agriculture, the rail
road administration, shipping board, war
Industries board, aircraft board and the
Council of National Defense. Contrac
tors doing government work will not be
permitted to bid for labor against the
shipping board or the railroad adminis
tration. . Each separate branch of the
government and every, factory included
must come to the labor administration
when it wants workmen.
"We must all get in the boat and pull
tne oars together for the one goal," Mr,
Frankfurter said.
The distribution of the country's labor
supply will be directed by the United
States employment service. On that
agency will be placed the responsibility
or moDiuzing and classifying the vari
ous trades and their trained workmen.
The labor administration has put John
B. Densmore, director general of the
service, in charge of this, and appeals
for labor, after being passed on by the
policies board, will be referred to the
federal employment service for distri
bution to the departments of factories
requiring tne workmen.
Draft Board Calls '
Sixty Hillsboro Men
Forty sine ef , Tossg Men Notified Are
to Be Seat te Fort McDowell All Are
-OfoUfled to Beport Msy ft.
Hillsboro, May 21. The local ' draft
board, has called the following 60 men.
49 of whom will be sent to Fdrt Mc
Dowell, May 29:
John Olds. Jacob CnnnM. Alvln ITtrn-
ger, George Vincent, Elmer J. Williams.
Herbert Syverson, Lester Davis. Ben
jamin List. Earl Gardner. Herman c
Schlndler, John J. Boos. George Reiser,
nusseii - xo. uurrus. Silas J. Bechen,
Lou's L. Arata. Alvin W. Lull. Leroy
Smith. CletUS Fitze-eralri Hanrv 1T
Christopher, John Shaw, John Zuercher,
Clemens Camenzlnd, John Farthinz
Loynes. Roy R. Walters. Roy L. Mullin,
Andrew Jackson Gassett, Andrew W.
Brasesco, Julius Skoa-n. Knnm-ii
Dixon, John Corrlerl, Edward J. Raa-
mussen, Harry G. Boge. Albert Hender
ling. Roy Glen Simon. Andas Monstls,
Earl C. Thurber. Jesse S. Rakni- Al
fred C. Harrington, Roscoe H. Jones,
Alva P. Patton, Merle Grub, John Hess
Jr., Dudley G. Knapp, Anthony B. Lels.
Homer E. Maves. Br&rffnrri Pvwi vm
E. Ballard. Fred Matthlesen. P.vmnni
-a. - ureene, waiter i Davis. Frd
Cradle. Chester M. Haskell. Hans H.
Schaffenberg. Em 11 F. - sifrrt. Jnim
George Flndlater, George Jurgens, Wil-
uam ienry Acy, juuus Caesar Kosch
nltzky, John R. DeHaan. George Fita-
lan.
Oregon Agricultural College, Corvallls,
May 21. With commencement day defi
nitely scheduled for Tuesday, June ,
final arrangements' for v the various
events of ' commencement week have
been completed, with the senior con
vocation scheduled for Wednesday,' May
29 ; graduating class exercise. Saturday
forenoon : alumni re-union and presen
tation of the 'class of 1918. Saturday
afternoon ; baccalaureate day. Sunday ;
and the graduation exercises Monday
forenoon.
The class address will be delivered
by William Allen White, editor of the
Emporia Kansas) Gazette, noted essay
ist and story writer.
President W. J. Kerr will confer the
degrees and " present the Waldo prizes
and Dr. William A. Waldo, of the First
Baptist church (White Temple) of Port
land, will deliver the baccalaureate ser
mon. Music will be furnished by the
college orchestra, the Madrigal club and
Individual members of the school of
Music. In order that The men of the 1918
class who are now in training at Camp
Lewis may be present in person to re
ceive their degrees, an application for
furlougha for them has been made to
the commanding officer by the college
authorities.
A big feature of the commencement
will be the dedication of the second
O. A. C. Service flag. Upon the comple
tion of the first service flag, containing
1056 stars, more than 200 men Were
not represented thereon due to the lack
of ' space, and by Commencement day
there will be almost enough O. A. C. men
entered in the service to fill every space
on the new banner. All of the work
of making the flag Is done by tfieco-eds.
assisted by members of the domestic
science faculty. ' while the men of the
Institution are fdrnlshing the material.
The flag, when completed, will be pre
sented to the college by the student
assembly, and is to be placed alongside
the first one in the spacious reading
room In the Tiew library building
with appropriate ceremonies.
foreigners Must
register in uanaaa
Toronto, Max 20. (I. N. S.) All
American citizens, as well as all other
foreigners, living or traveling in Can
ada, on or after June 22, must be reg
istered, regardless of whether they are
registered in the United States, Is the
statement of the registration board.
After -June 22 American registration
carfts will not' be recognized. Only Ca
nadian registration cards will be ac
cepted. 'Persons leaving Canada -to go
to the United States, New Foundland or
other points outside Canada on or be
fore June 22 may register on their re
turn to Canada.
country remember that !4
Give and give now. Ask your
own heart how much it shall be. '
your subscription today on
its errand of mercy to
your local Chapter.
This space donated to the Red
. Cross by Sperry Flour Co.
Send
i '
Sit i
r I?
L
r
I
Italians Eepulse
Counter Attack
Rome.eMay 20. (U. P.) "A successful
coup de main established us in a por
tion of an enemy trench at Caposlle yes
terday evening." the Italian war office
reported today.
"Early" this morning a strong enemy
counterattack 'was repulsed with heavy
losses. Thirty-one prisoners and four
machine guns were captured."
! 1!
i i
Only
!
Ten
P. E. 0. Will Hold
State Convention
Salem. Or.. Mar ' 21. About sn
gates, besides many other members of
the society, are expected to be on hand
Tuesday night for the onenlne nt th
seventh annual convention of the Ore
gon grana cnapter, P. E. O., which, will j
oe neia ai we commercial club hall In
Salem. Mrs. Jessie W. Kirk of Spring
field is nresldent of tne rr nH .hantr
The convention wm oe In session three
days and its business "sessions will be
inters persea witn social events.
1 1 , . . "
Corporal's Death Accidental
rmn Fremont. CaL. Uiv 91 TVi
death ' of Corporal George Thompson.
who was Kiuea aurmg . rifle practice I
laat !TiaaV. WSS accidental. innrrilnr
to the decision of a-. KMcial mliitirv
board of Inquiry today. Corporal Thomp
son was snot wnen a ouuet tn some un- 1
Tnlatned manner eot mixtwl wltH vl rv
cartridges and found its way Into one
or tne riiies. t ,
PaUent Escapes From Hospital
Salem. Or May 21. William Har-
quim, who was committed to (he Ore
gon state hospital for the insane from
Multnomah county about three months
ago. escaped from the Institution Sun
day. He is reported to have been about 1
cured, bgt he is subject to periodical
Days Left
On June 1st our present .
low prices on the large stock
of Pianos we now have on hand
will be raised at least $So or
more on each piano. The fac
tories, are forcing us to this
action.
Time Is Flying
We are fighting for our
customers and holding off as
long as possible. The day of
the big advance in piano prices
is near, at hand.
Buy Now
Don't let this splendid
.opportunity for buying a
piano, player or baby grand
pass. Make tan investment for
yourself today. Accept our
judgment on ' piano conditions.
'Were in . close touch, with the
situation. .."'"
Our Prices u
In 'upright pianos our
prices range from $150 up.
in tne piajers from $3Z5 up.
In baby grands from $575 up.
We have some excellent
buys in second-hand pianos.
We are- offering over
4000 rolls of player music at
$2.50 per dozen.-
Come Today
The Musical Floor the 7th.
Subscribe
f thm
RED CROSS
TODAY
n
u
cl"Merchandise ofcl
n
Merit Only
Subscribe
tothm
RED CROSS
TODAY
rr
THIS STORt USE NO COMPARATIVE PRICES THEY ARE MISLEADING AND OFTEN UNTRUE
SPECIAL SALE OF WOMEN'S
HOUSE DRESSES
$t;69
Attractive fiouse frocks in styles like the
one illustrated. Made of striped and fig
ured lawns and percales in colors that you'll
surely like enormously. Sorrie with touches
of embroidery. Some side front closing
style, and adjustable waist style. Sizes 36
to 44. .-'..
VERY SPECIAL AT $1.69
Fourth-Floor, Lip man, Wolfe & Co.
Stand Swing PICTURE
FRAMES
VERY. SPECIAL
Amazing values at 98c!
Mahogany and walnut
with inlay. Also the Sepia
brown grenada finish
Sizes from '5x7-iru to 7xll-in
plete with glass and back
98c
Com-
Sixth Floor. LJpman, Wolfe A Co.
Wednesday Sale of NOTIONS
Hear GALU CURCI Sing
You will enjoy the concert tomorrow night far more if you are
familiar with this wonder voice. Her records are selling so rapidly
now that supplies are running low. Why not plan to hear HOME
SWEET HOME, or the MAD SCENE FROM LUCIA, or some other
favorite sung by .GALLI CURCI tomorrow! We will gladly play
them for you. Music Floor The Seventh.
White bias seam tape, widths
2-3-4-5, 6-yard bolts, 8c
White Climax Dress Shields,
guaranteed moisture proof.
Sizes 2-3-4 8c
Eve-Astra or Cusnion Astra
Collar Supports, in black or
white. All sizes, card 8c
DeLong Assorted Safety Pins,
3 sizes on card 8c
Princess Lingerie Tape, In
v pink, white and blue,' 4-yard
pieces 5c
White Pearl Buttons, in vari
ous sizes and styles, 6 to 12
on cari 5c
Wire Hairpin Cabinets, assort
ed, straight, crimped, and in
visible black 5c
Washington Pin j Sheets, 400
count 5c
Black and White Headed Hit
pins. 2 for 5c
Black Shoe Laces, in 4-4, 5-4,
6-4 lengths, pair 5c
Main Floor.
Llpman, Wolfe & Co.
mmm
''"WHERE YOU SPEND THE LEAST AND GET THE MOST FOR IT"'
What 49 Cents Will Buy Here Wednesday
BLEACHED TABLE
DAMASK SPECIAL
The best damask ior hard 4Qp
service you could find. In
a good mercerized finish. A good
assortment of patterns 64 inches
wide. N
COTTON BATTS
SPECIAL FOR
Full sized cotton bats. J.Qp
Enough in one roll tc make
a full sized comforter. Made of
good, sanitary cotton. LIMIT 2 to
a. customer. ,
5 YARDS WHITE
OUTING FLANNEL
Good, medium weight out- AQ
ing flannel just right for "'
making night robes. In white only.
LIMIT 5 YARDS TO CUSTOMER.
5 YARDS TWILL
CRASH SPECIAL
Less than present whole- AQs
sale costK Buy as much as 'C
you need now splendid toweling
for hand or roller tqwels. 1 - ,
Economy Basement,
Lipman,; Wolfe & Co.
BOYS' HATS AQn
AND CAPS..' wc
A splendid sale of boys' and children's hats and caps, in
cluding the popular military caps. These hats are in middy,
belted, Rah Rah and other styles.
BOYS KNICKERBOCKERS 49c
Crash knickerbocker pants in natural linen color. Just the
thing for Summer wear! Sizes It to 16 years.
Economy Basement, Lipman, Wolfe & Co.
Mayonnaise Sets
Very
Special
VOILE WAISTS
SPECIAL
49
An assortment of odds and
ends of voile waists. Many
styles, some fancy with lace
trimming and others in tai
lored effect. While any re
main very special Wednes
day at 49c.
Economy Basement,
Lipman, Wolfe & Co.
A most practical set in an at
tractive design. -1 Pressed glass
very special Wednesday, at 49c set.
Economy Basement,
Lipmsji,. Wolfe & Co.
CHILDREN'S f
BLOOMERS fK7C
Sizes 2 to' 12 years made with
band at waist and elastic at knee.
Excellent for school and outing
wear.
WOMEN'S
DRAWERS
49c
Made of longcloth, with em
broidery, tucked and hemstitched
flounces. Open and closed.
Economy Basement,
Lipman, Wolfe & Co.
Boudoir Qap Specia
49 c
Dainty silk and lace caps in the pret
tiest shades of pink, blue, lavender and
maize. With top of silk ahd edging
of pretty lace, with insertion to match
Many trimmed -with ribbons and flowers
CORSET COVERS
SPECIAL 49c
Fine longcloth corset covers with
dainty yokes of organdy embroi
dery, combined with laces and in
sertions. All ribbon drawn. Well
made.
-Economy Basement, Lipman, Wolfe & Co.
WOMEN'S COTTON
STOCKINGS 3 PAIRS
Black or white stockings
with deep garter top, double iC
heels and toes. Special 3 palr
49c.
BURSONSILK
FIBRE HOSE
Fast black silk fibre thread 10
stockings, with silk lisle gar- "C
ter tops, double soles, heels and
toes. All sizes. Seconds of a splen
did grade. i, ..
BOYS' HEAVY
HOSE 2 PAIRS
Heavy ribbed cotton ACi
ttocklngs in fast black. Sizes ""C
6 to 10. Slightly Imperfect.
Economy Basement,
Lipman, Wolfe & Co.
WOMEN'S COTTON
VESTS 3 FOR
Regular and extra sized
Swiss ribbed cotton vests in 'C
low neck, sleeveless style. Sizes
36 to 44.
WOMEN'S KNIT
UNION SUITS
Of fine combed yarn in AQ
low neck, sleeveless style, sC
trimmed with torchon lace. Sues
36 and 38.
CHILDREN'S
UNION SUITS
Boys ribbed union suits
whit with hlrh nrlr ' iknrl
' sVeves and knee length drawers.
CI... A A. 1
Girls' suits In medium weight
Low neck, sleeveless and tight knee
style. Sizes 2 to 12. ; ; .
Economy Basement,
Lipman, Wolfe & Cov
r " -
49c
SPECIAL SALE
COR'SETS
SPECIAL
49c
Made of coutil. In medium, low
bust, medium short skirt and fin
ished at top with .embroidery.
Models for misses and small women.
NOTICE!
FREDERICK MILLER. ; " '
Mff. Jiwilr an U Otfttar, f
aaaw Wat, fx, k mnt to 4
RmV Door t WJ tlovnwtW
BRASSIERES
i
Special x
49c
Made of mus
lin, with embroi
.dery yoke, front
and back. Rein
forced under the
arms . and edged
.with L embroidery.
Economy Basement,
Lipman, Wolfe & Co.
MEN
Ju$t to show what excellent savings you
will always find here -we offer these
splendid 49c items for Wednesday.
FANCY PERCALE DRESS SHIRTS
Broken lines of men's fancy percale shirts, made AQn
with stiff cuffs attached. In sizes 14, 14,16 and wV,
17 only. While any remain 49c ' .
Imported Linen Collars
4 for 49c
Men's heavy" liaen collars, .
made in England.. In good
staple styles in almost every
'size to begin with. Worth 4
times sale price.
Elastic Webb Suspend-
:-r L - er 2 for 49c
Strong elastic ,webb sus
penders,, with strong leather
ends built to wear.
Wide Flowing End .
Fancy Ties 2 for 49c
Fancy silk mixed, four-in-hand
ties. Some with patent
sllpeasy banR 2 for 49c.
Silk Lisle and Cotton
Sox 2 Pairs for 49c -y
Men's fine quality silkJisle,
lisle thread and cotton t sox,
in black and some white
ones. ' J-'
Economy Basement, Lipman, Wolfe & Co.
Tailored
Vests 49c
Smart new tailored
vests . of good quality
douMe pique or mad
ras In smart styles
to be worn with one-
!iece dresses or tai
ored suits. ' -Special
Wednesday 49c- 7
Economy Basement,
Lipman, Wolfe & Co.
0
SPRUSTEX MOPS
SPECIAL AT 49c
.This is the mop with the remov
able ' pad different . from every
' other 'mop--its top oiKng, friction
catch .handle and other features
make if superior. ' Your choice of
either, polishing or dry mop 49c
MOP
Basement, Lipman,' Wolfe & Co.
o
o
f -
I attacks - ex insanity.