,r, THE OHEGC.J DAILY JOURNAL, FOIC TLAIJD, . TUESDAY, OCTOU12H 1, JS13. 4 t ? r; f . ) I'. k ! i ' I t . f J F '1.1'..: SEVENS DELL CASE I! 's Supreme "Court 'Upholds . Judge McGini in Suit-to bet Aside ir ,i ueeuj vuier uasp. Balenv- Oct. lvi-Efforts of 0rg ! doubtful method!, to fata possession of V Shsooerd's DelL on Columbia nvsr nig-n ' i t war through a sheriff's deed obtained in . t connection with attachment proceedings, ; rf completely failed wbeavtbe supreme s i court i today handed down an pinion afflrralnr the action of Circuit Judge Henry E.' McGinn of Multnomah county In ssttlnr aalde the sherixrs aeea. After George Bhepperd nad donated the land in the beauty apot known a Shepperd's Dell, to Multnomah county for a miblio nark, discovery waa made . i h TITOniM mnA . Orth tiA obtained a i , ul nginin nu una nw wi m'-i "-$ aherlffa deed to it. They had fore i cloaed certain notes of a email amount ' ; and instead of seeking- to attach rper- 4 aonal property owned by Shepperd the ' I land waa attached ana sola. l Oeonre Shepperd! and jr. H.' Shepperd ' brouaht' auit to hava the aheriff'a deed . J f aet aalde. rvVheri- the case came before . riMnlt SoifM "MnfUnn h nronnunp.ed -the , r I f action of Hotanes andvOrth aa outrageous tv. ji-aad ordered (be deed !eV.aeide andre ' i i fuaed. to' hear' testimony i In . the case,, ,wlv but permitted the testimony to be pre- i aented before the court reporter in-or --I -Ttiatlut Riniii.lii wrltln (fit anhf' - I- Ion of the aupreme court, reviews the N procedure of Judge McGinn i and '. also - the manner in which orth and nomas , I ' accepted mosey from the Shepperda aft' 1. 1 er they .had aued on notes and obtained i t ludrment,and then concludes , f , 1 r xh. statement of facte above aet out clearly justifies the decree of the flower court." ' In an -opinion written by Justice Har 1 I yia, the aupreme court reverse the caae - b of NeUie E. Turnldge va. J T. Thomp- aon, appellant, which waa tried before Circuit Judge Belt in Yamhill county. The ult waa -an action for damages for the -death of plalntlfra husband, whowaa tailed- by coming Into contact U with a liveL -electric, wira which waa under the. management of Thompson. judgment against Thompson. The suit waa .brought under the era ployera liability Taw and' waa reversed on the grounds that Turnidge waa neither an employe of defendant nor en gaged In any business on or about the wire and therefore the case does not coma within the scope of the llablltiy - v law. . Other opinion's were handed down aa follows: 3. 8. Hayes va. J. I. Hayes, admin istrator of the estate of Alex Hayes, de ceased, et aT, appellants; appealed fiom Linn; suit to enforce alleged oral agreement whereby ; deceased conyeyed to plaintiff 10 acres of land; opinion by Justice Burnett ; Circuit . Judge Bingham affirmed. Palmer Haworth Logging, company vs. W. G. Henderson, appellant ; , appealed from Yamhill ; action for possession of personal property; opinion by Justice Bean : Circuit Judge Belt reversed and case remanded. " - Percy R. Kelly Willing Salem, Or., Oct. I. Frlenda of' Percy R, Kelly, judge or the circuit court for Marlon and Linn counties, are preparing to make active campaign to elect Judze Kelly to the office of justice of the-su preme court to fill the vacancy caused by the death of Justice Frank A. Moore. They are reminding, all of Judge Kelly's friends to write his name on the ballot, as that la the only way voters can make their choice for (his office. When asked for a statement or an - nouncement today. Judge Kelly aald .there was none he could make, other than to say he. would feel highly hon osed if the people of the state chose him for the high office of justice of the au preme court. He pointed out that it would not be fitting or seemly to make an announcement of a candidacy aa no names can appear on the ballot and it is entirely up to the yoters. to maktfthelr; Judge; Key aspfire 'for the Repub lican nomination 'far tuatIA.nf thA mi. ( C preme- court. I the Mav Drlmirv' oipc- .' - -v . tlon attTrtw 'ambition to serve 'the sUte .'1 HAIG ANTING IAi& WINNING IN FLANDERS tCoBtbraad trtm Fas Oae) r. uHi iui unwiuiiia rf Kiuwus in on It . steadily. t "V. s4 Field Marshal Hal repo&ed that the tv - -1 1 . . .rs Germans have aet the ctv on fir- Fighting waa begun ' again this morn ing north of St Quentln to Cambral, a .the'rltiih field marshal reported.' The villagea f 'Provflle and Tllloy were cap s' tured lrtsthe advance on CambraL The village of Vendhuila haa been In i British fanda since , yesterday after noon, (vendhune. Ilea half way between Carabral and St Quentlil.) i Make Gains Jn (jlhampsffae , Paris. Oct. N. fi.) Two more villages In Champagne, Blnarvtll .and Conde Les Aulry, have been captured by the French and further nrorresa ban jj- been made in the district between the -L Aisne and velse rivers, the French war aunuuncsQ loaay. ''J i (Binarvllle is only slightly more than miles west of Varennes. which the Americans captured In their big drive in ' I'- th Argonne forest area last week). j-' Since September ? the French have X . taken w 13,000 prisoners in Cham X pagne and over 300 cannon. rJRpW Gain j Hade In Flanders By Lowell Metltt e -British Armies in Vnnra. Sept. 30. (Nifirht) The Be!rian-Brltlh i advance in Flanders is ; continuing ; I rapidly, despite some of the most ter- i, -rlfio fighting of v the war. The British, f- at one point, brought their guns up and established them on a ridge facing the ' German hattariea on another ridge only , 0o yards away. There the opposing i ertnieries bTased away at each other V until the enemy guna were entirely allenced. ; I . . -The Belgians have taken Dlxmude, , ' , following street fighting which centered ; . about the S town. Four fresh divisions v are reported to have reinforced the Ger- Yri mans opposite the i Belglansk Including .; th ,100th regiment, which sacked Pinant r t early in, the war. . i 1. - . . , t AH enemy guns In Houthulst forest were . captured, bringing the toUl .taken by the Belgians r np i to mora than 300. The Brftlsh have taken about 100. V ' - One British':' division advanced 12.000 yards about seven miles) in one day. The British are well eaat of Mooralede -(four miles southwest of Roulers) and hold Terhand. A British general en , tered Cheluvelt. astride captured Ger 1 many pony, s - ;' . ', . ,, - - j 1 1 The fighting "to the southward from ! north ;of Cambral .'to 8C -Quentin is : bearing v out ; the expectations that the s Germans - would fight for , evepr if cot of i their strong defensee. 1 z ' 1 - For tne' past several, nays, the enemy baa resisted . every effort' to completely dear- him aut. The Bochea always reappeared at some unexpected point; leading to too theory that they were using, tunnels , from the main line, but todays experience re sulted in the belief that, instead, ; they were filtering in through deep ravines. : For their successes in capturing Belli court,' the Americans paid ; much less than.- they' expected in , the form -of casual ties. The number -, of wounded proving to be slight : was' one of, the satisfactory features of the fighting. - i v m - : -y- r. 1 FIM Despite ftalp ' C , Havre. Sept. ; 10. (Delayed )Tiesplte 'torrential rains, Sunday night, we, with tna irrencn cooperaung, conunuea - wur progress, capturing Mersveld. , . Staden and Oostnleuwkrk;e,hutha Belgian war office-, announced today. ' . "We passed many points on, the roads from :t Zarren ) to Roulers and from Roulers Lto- MeninJ i Wa took consider-1 able booty. Our' aviators continued harassing the enemy with bombs and machine gun fire. Saturday two Ger man balloons ' were brought down In flames." .. -Roulers. important German base 'At miles northeast of Tprea, and southern key to the U-boat bases on the Flanders coast, la now in the hands or tna sei giana. BULGARS REPORTED . READY TO FIGHT TURK ! (Continued froftj Face Oae) ..Gradishite and. the northern edge of the Oievhe Polja. "We capturedti four runs, enormous war material and -prisoners," the state ment said. . "In the region of Karevoslo there was heavy" fighting, with the enemy retreating - from Flajajachkayitaa mountain. Part of . his - forces ; were thrown ' back eastward. -Another part was cut of f and forced to retire north ward." ; - j Excitsment Caused in Paris : Paris.! Oct, 1. (L N. &)-The signing of the-armistice between the allies and Bulgaria caused great excitement nem Members of the cCiamer of , deputies are expressing the belief that Turkey will soon fouow; Bulgaria's lead. . - Ferdinand's Abdication Possible Rome, Oct. L (L N. &) Cxar Ferdi nand of Bulgaria will abdicate his throne in favor of his son, the Vatican learns in advices from Vienna. Bnlgar KUg Xear Tleaaa Copenhagen, Oct. J U. P.)King Ferdinand of Bulgaria has arrived at Fasenthal .castle.- outside Vienna, ac cording to the Frankfurter Zeitung. This is the first news that Ferdinand has again, left Bulgaria. It may mean that the reported revolutionary move ment In his country Is gaining ground. This summer he spent several weeks in Germany and Austria-Hungary and was said to be suffering from a nervous breakdown. - , ; Calamity Is Austrian View London. Oct. 1.- (L N. 8.) That Austria-Hungary looks on the signing of the armistice between the Allies and Bul garia aa a calamity la Indicated in the following dispatch received today from Vienna: . ' "A quarter , of a million Austro-Hun- garlana arrived in Sofia too late." - Exodus la Held Abdication,' Washington, Oct. 1. U. P.) Csar Ferdinand's exodus from Sofia la viewed as a virtual, abdication in well-tnfotmed diplomatic circles here today. Malmoff, lt is . understood, forced Ferdinand- ; to iva tht "conntrV. fearlner German hrflu-1 enco 0J1 mm, Vf aauur "jerainniu wut be permitted to, return to Bulgaria and remain Without .influence, or whether ho will be forced to retire to hia extensive estates In Hungary, will depend upon the attitude taken by Mallnoff and his cabinet. It Is said. Riots Occur ia Constantinople Copenhagen, Octi 1. (I. N. S.) Riots have broken out in Constantinople, said a dispatch received here today. Bnver Pasha, head of the Turkish army and leader of the pro-German element In Turkey, haa sent assurances to the Turkish council of ministers that the central powers have not been beaten, ih& dispatch added. ' I'lftfaii.Ut Make New Offer Amsterdam," Oct.. 1. (I. N. S.) Ger man reichstag1 socialists have been offi cially informed, that Germany will make another -peace offer to the allies aa a result of the action of Bulgaria, accord ing' ' to the newspaper Tyd. ItfB aald that the new offer will be of a decisive nature. '"Capitulation Is Predicted By Floyd MacGrift London. Oct. 1. (L N. S.)-r-(2:87 p. m.) The -capitulation of Turkey .within tnree weeaa was preaictea in weu in formed political circles this afternoon. At the same time it is expected that Austria-Hungary will probably , surrender by Christmas if the allies continue their progress on the western front. "V-; Austria Seeking Peace Move ' Amsterdam, Oct 1. U. P.) Follow ing theWlenna crown' council it was announced that Austria-Hungary is still striving to conclude an agreement with Germahy for a peace as soon aa possible that will preserve the monarchy's in tegrity, according to a Budapest dis patch received today. ". v X - x.- Constantinople Press Worried Amsterdam- Oct. L U. P.) 3on stantinople newspapers express the hope that Germany will keep the Berlin-Vienna-Constantinople road open. ., Upon this question, they declare,' will depend Turkey's atltude. . - ' - ..Resignations Reported Accepted Amsterdam. .Oct i 1. (U. v P.)--Th Mittag 2eitung reports that the kaiser haa accepted the "resignations of Chan cellor Von Hertllng and Foreign Minister Von Hints. : v. Your Eyes VkeksasM, Ctetaslag; Bcfreaklaf aad Itallai lallen-i-Murine for Red ness, Soreness, Granula tion. Itchlno-and Rurnlnir of the Eyes) or Eyelids; "2 Dropa" After ttw Movies. Motoring or Golf will win yon confidence. Ask Your jpruggist fot f nrtee when your Eves Need Care. Jusi Mux-ixto Eye Remedy Co rrmtr What Doctors Use . ..for Eczema t AaeothmreeekbiaatieQeraaeftria-V -terrMea. Glycerine aad aW iagrediesits eaUed D.D.D. liescriptia is aaw a nnerisrraaMdy of skin special arts ftar an skin diseases. Itpeaetratas V sore, givw UsUm niUf. Try ' ? IX CD. today. 35c. sec and Si a, -i, Hie Xficrtzirl Wfctolx Tb Owl ltftfCo. - BBBMBaaSBBBBBkHeW' SUdaiort iDn l Ce CO vBRfnSH FLYERS :0VER . HELGQLAf(D liEPdTED 1, v" French ana British , Air; Forces Bring Down or Destroy 87 s 'r , Enemy. Planes. : London, Oct ;l.-t7 P. British air forces have carried out a long recon naissance flight over . Helgoland, ' the German naval .base," it was revealed to day' in official statements dealing with land and v sea .operations of the avi ators.1" ' v - " French and - British ' fliers "brought down or destroyed 87 r enemy planes in addition to setting fire to. a number of observation balloons, it was announced. - The royal : air force, in conjunction with the . navy, Is . cooperating in the Belgian. . offensive, said the ' British statement-' Durlng the period between September 23 and 27, enemy' destroyers were bombed by our air forces, and we attacked with machine guns--and bombs Zeebrugge, . Ostend - and Bruges. Alr .dromes in the vicinity of Ghent were also .bombed. - - ' . "Twelve hostile machines were de stroyed 'and 14 driven ' Sown out of con trol. Ten of oars are missing. In Hel goland bight a long reconnaissance was carried out"-.- 'L ' " i i v-'' Field Marshal Haig's aviation report said:"- . ' "- , :s "Yesterday 15 balloons , were brought down in .flames" and many more were compelled to . . descend. ' Twenty-seven hostile machines were brought down and nine were driven down out of. con trol. Nineteen of our machines are missing. Thirty-six ' tons of bombs were dropped." ''.-.-a'i' - ' j . r Misty weather and low - clouds pre vented extensive . operations Sunday, said "the Paris communique. The state ment also declared : ' , "In the course of fighting, in which ascendancy waa maintained by the French; 'we brought down 25 hostile machines and set fire to two captive balloons. Our bombarding squadrons dropped 21 tons of projectiles on enemy convoys. - . ' 4 With the American First Army on the Mouse. Sept 29. (Delayed.)- "We shot down three German airplanes today. This -evening our planes bombed the Grand Pre station, despite the overcast sky . and hampering rains. Inspection, Muster Of 0. N. G. Forces The quarterly Inspection and muster of the Oregon State Guard and the Oregon National Guard forces were held at the Armory Monday night: Gen eral Charles F. Beebe reviewed the troops and triefly addressed them. A lunch waa. served the officers in their headquarters after the review and pa triotic speeches were made.-- Colonel w. C. North commanded the regiment - If ... nn THE FINGER v - ' '" - .- v ' - . . u " ." y I f Wf II 1 "II 1 J' ' , THB CITY OF SBATTWP ' Ole HaasoSS Mayor. Rev. Paal Smtta. ...... New wesalagtea Betal. BeatOa, WasH My pMr-Slr; ' I eajeyed vwry mack your ' great - ref erm plotarre. '"The . Flnrer of Josttee." - Its- mum sac will aid the authorities in their effort te brinff aboat bttr eonSi tiona in-iir city jle. , That any city allawa profit t be InaOe of ioa aoeaeaaable. A red--Msht district is a relie et Irnarano and barbarism, a breedlnr place for pevertfr crime, ' bUadaeea, Ineaalty aad wretehedBeas. v I m . whelly la faver ef any sresran. which wtll aid th (alias and kp etherar from. Up Dies. Tooro very trulr. omuwurm nun ; By Falling BlpckL u Yard Kecord Goes -The non-accident record, of the Suple A Ballln shipyard was broken Monday afternoon when. Ervin Z.. Fosa sustained a fractured skull, when "another work man let a block of wood Tall. Foss is in a- critical condition at Good Samaritan hospital, x ,r v , , t - ' N- N. Mason, of S21 Lombard street feu from a scaffold at Grant Smith Porter shipyard early this morning and sustained u sprained back and left shoulder;.- He was removed to St Vm cents -hospital , bythe Ambulance 'Serv ice company. Ed Jones suffered a broken nose this morning when part of a riveting machine struck , bim at the Willamette Iron Steel works. v He was taken to St Vin cents hospital. i ' Two Speeders Are cMivenTai , Two speeders were 'given -CCsail terms in t the -municipal court Monday atternoon. The penaltiea inflicted were as follows! E. Elliotti $50. sentenced to one day in Jailr a B. Fifer, '15 J H. Erlckson, f 25 ; Clay S. Morse, $10 ; ... Jf. Rv Freeman, 520; o.. Rosehoon, 525 ; ,J. Lang, 7.50 ; S.-1 H. Anderson, 117.60 ; !a. H Davidson, $10; Sam Staoey, $25 and IS hours in JaU; Austin Houghley. 315; W. M. Lings. $15 : E. S. Schwahdes. $25 : Ray Anderson, $25 ; George Wlrfs, $25, and B. Jt- Butt ,$40. . . , ' Father of Gasoline Fire Victim Here The coroner haa found the relatives of Charles Evans, who died Monday at Good Samaritan hospital from burns re ceived. Sunday night The father, George C. Evans of Mayvilla, Or., ar rived in Portland Monday evening. The body ia now in charge of Dunning Mc Entee, and, is to be sent to Mayvllle for burial. The parenta and three sisters survive, Evans was IS years old. He was burned ' in a gasoline explosion at 737 Maryland avenue. Carl Stippe, 16, who was burned about the hands t the same time, will recover. - ,i. TONIGHT INOLtfrt OOTILtlOW HALL 14TM ST OFF WaSH. OselsH and UK SesutlTUl Man -- West , srSis 1 SJiiale. all sarins 'issr . IMFORSlAts KVtRY TUSS, WSD FRI4 sat, awas-row-taai rmogs y ANOlHa SCHOOL LSBSONI AAILV ' , foe SS.O0 . - asao. A-m mm now PLAYinGUl DM PAOKfiTEE) IN 1X1 4i OR . . - V " .. . . i OF JUSTICE Children Under 16 Not Admitted I 1 . -v . l l. .- - .a, .1- DANCING My 11 JUDGE CflivE DECiDES :: J0; BE A CA1IDIDAIE Ml Local f Attorneys Are Dissatisfied . nue'pniAn'a t A nnninffvian4 r. - Judge .Kelly. Urge'd. , t Judge f John!. 8.' Coke W.-. MarshfleW will - be . a- candidate for . the supreme bench to fUl the unexpired . term of the late Chief -.Justice Frank A. Moore,- ac cording to hia announcement made last night ," v Judge Coke has been on the circuit bench of the second judicial district for. the past 10 years, having been ap pointed by Governor Chamberlain upon the creation of the new district by the legislature of ,1909. . He has twice since been elected tor succeed himself. He was a .candidate . for the Republican nomination-at the recent primary elec tion and . carried , the state, 'outside . of Multnomah county, against Charles A. Johns and ; Percy Kelly; by some 7000 votes, hut lost to 'Johnston the Multno mah county returns' by some 1200 votes. Judge Coke has he" in Portland .tor -a couple of daya c Vulting with mem" bers of the bench aha bar of the county and with personal frienda regarding hia candidacy and as a result of this can vass of the situation "has decided to en ter the IlsU in the November election. There ia widespread dissatisfaction among the legal fraternity over the ap STARTING TOMORROW FOR SUPRB IUDE "THE MARRIAGE RING" Marriage counts for you and me 4 and other . 'regular folks," but ho about the man and woman, who are as far apart as the poles in i temperament? One of theni;" say, is .almost a Puritan, the other a denizen on the fringe of' the underworld how aJout them? LAST TIMES TODAY "MNEY - ' - J EVERYTHING pointment of Conrad P. Olson to suc ceed Justice Moore, - ft .being generally eonsidered by members, of the bar that Olson haa: not the neoeeaary ; legal at talnments requisite for the . position. Outside of the ranks of the profession, as well 'as in them, the appointment of Olson la looked upon generally as the payment of a pollUcai debt with a su preme court Justiceship on the Tart of the governor, rather than as an appoint ment baaed on qualification, pison was Governor 'Wlthyoomba's -campaim mane ager during the primary election. It Is understood that i the friends ef Judge Kelly at Albany are urging him to again become a candidate, but as yet Judge Kelly has made nq announcement of his intenUona.. A?.'--.i:? K- . I,, i - . . ljieuMahtiUs f T t -Killed intjA j FrancefcgSeptl I,.. ;..;''- ii i I in 'i I -. ., i jr- Jl Ueutenant Sdward Weils, ' grandson of Ellaha IX Walla of 77$. East .TsmhiU street "was killed, in action in France on September 12. .- Portland membeVe of' the family were; advised of the death by a war. department dispatch Monday. ' Lieutenant Wella went into the war with the Kansas troops, his ..widowed mother now residing at Wichita. He, won ms commission n u v. un tratninsr ! campa for officers, and was afterward an instructor at Port Riley. The grandfather of the young man, now 2 years of age. waa a soldier In the Civil war,' and while grieving for the loss of his only grandson and the last male member of his branch of the Wells family, he today expressed pride that the young soldier had made the great sacrifice for his country. - t- , . Y-. . I ENID j . ; BENNETT IN y iJSW'T. 99 AND the "SMILING BILL PARSONS COMEDY, "UP A TREE" IIP, . m ij le: it.i y Wow - . w , - ; "5AI ISI Y1IMG 4 1 DON'T g ejs,' .r..-' ivr FaU . ' a Hear a Concert Sunday on Our $50,000; Organ v-.-- i-..'. .t. : - - . - .... . - .1 w:, r '.;''.' -;' i ' ' - ' Murtagh -..'- ff'- -?.' W ---V; - i -t if i COMING THURSDAY BESSIE Tha r Storv I t 1 ajs'tXI.I. R..1"aa X.lf ' "r: k- . T.... . , , 1 rv- - -.. . Showing EVERYBODY i - "Komance and Brsmst V i Tacka" iilMUUUlKl Via a Gmedy ' Liberty Community, Chorus V ' "She's the Daughter 0 RosieO-Orady" ,) 1 BARRISGALE in.-.'.7 it'-j 1 "WITHIN THECUP'V of a. : Womto- Whd 1 ? ..... , X ' . . I .1.-. , . , , t x. . " r.' '. ' ',. ".-- .-4 I f "8! 1 - k i -