,r, THE OHEGC.J DAILY JOURNAL, FOIC TLAIJD, . TUESDAY, OCTOU12H 1, JS13.
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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 ?
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