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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 19, 1918)
THE OREGON 7 DAILY :. JQURN A1C ; POR TltAND" TUESDAY. : NOVEMBER, 19, ""1918. OWNER ! EMPL LIABLE IF 4 HARARE R HOURS Supreme Court Decision, How ; ever, Holds Responsibility Only j Where Permission Is Given. Jhazlewood company held t Judgment Affirmed in Suit Re- isultilg From Death in Acci ' dent Occurring in Portland. J Salem. Nov. 1. The owner of an auto mobile, who permits Mi employe to use Jhe car for pleasure after working hours liable for damiRM. If a jury go de: ieldM, If an accident occurs and another rron la Injured. W This Is the gist of an opinion of the . ("Supreme court handed down today In the cut of Mary Hoherty administratrix (Ot the estate of Thomas Doherty, de creased. aRalnut the TIaelwood company. Appellant. The higher- court affirms Miie Judgment given by a Jury In Judge forrow's court In Multnomah county ln favor of the plaintiff and against the "efendent In the sum of 13200. J. W. Sheaher was an employe of JJie Hazelwood company. He was per mitted to use the company's automobile 'fitter working hours. One night Sheaher Jand his wife used the car In attending dance. On the way home the machine "truck and fatally Injured Doherty. who Jwas a street sweeper employed by the iclty of Portland. j Hult was brought for damages And tjudgment was given against the com fpany and Shearer. The company ap . pealed on the ground that the circuit Jcourt erred In not allowing a motion for a directed verdict In favor of the company. Jsrr Should Get Faet "The naked Question." says justice Burnett, in the supreme court opinion. J'ls therefore presented here, whether ownership of the machine with which the Injury was inflicted is sufficient to Utake the case to the Jury as against the motion for a directed verdict. We Iremember that, if the ultimate fact Is that thecar waa: operated solely for ihe private purpose of the driver with out the knowledge or permission or the Vwner. the latter would be exempt from Stability. The ascertainment of that ul timate fact, however, is for the Jury nd if there Is any evidence in favor of the plajntlff. the Jury must receive - Jthe case In the first instance as against Ihe motion for a directed verdict." t Other opinions were handed down as follows : ! James O. Heltzel and Percy A. Cup- jtier vs. I. S. Balrd, appellant; appealed "jrom Marlon, suit to settle controversy ver boundary to land, opinion by Jus Jlee Johns, Circuit Judge Bingham af ainmed. State vs. Scott Ooodall. appellant; ap pealed from Union, appeal from convic tion of cruelty to animals ; opinion by Justice Benson, Circuit Judge Knowles affirmed. i J. S. Boyer vs. E. Andulia, appellant ; appealed from Malheur, suit for dam cgen for trespass by sheep opinion by Justice Bean, Circuit Judge Biggs af firmed. Plaintiff Wins Water Case i O. H) Olson vs. Charles C. Halaen, "appellant ; appealed from Crook, suit to Tolled attorney's fees and costs, opin ion by Justlco Harris, (lecree of Cir cuit Judge Dufey modified by elim- Inatlng attorney fees and holding that fT'.elther party nhould have Judgment for costs and disbursements. ; David Stephens, appellant, vs. City NOTED EDUCATOR DIES yK'aw'J - Mi J PWP5 A .1 dpi; I y I y v ; i 1 R GERMMtS TURNING OVER BIG STORES OF ARMY SUPPLIES Enemy Meeting Demands of Ar mistice as Withdrawal Is Made to Points in Interior. AMERICANS TAKE EQUIPMENT Many Towns Found Undamaged Except at Points Where Yanks Dropped Bombs in Air Raids. (Continued From Paca On) Charles R. Van Hise, President of the University of Wisconsin of Kugene ; appealed from Lane, suit for damages alleged to result from flow of water diverted from city's power plant into slough which passes through plaintiffs premises, opinion by Jus tice Burnett, decree of Circuit Judge Hamilton modified by allowing plaintiff damages and perpetually enjoining de fendant from changing natural flow of water through plaintiffs premises, but without prejudice to city's right to condemn property by appropriate ac tion at law. Columbia River Door company, ap pellant, vs. W. F. Todd, et al., ap pealed from Multnomah, petftlon for rehearing to settle question of attor. rey'a fees denied, opinion by Justice Benson. Petition for rehearing was denied in the case of Lorn bard vs. Beiteau. SENATE COMMITTEE IS INVESTIGATING PRESIDENT VAN HISE OF THE UNIVERSITY OF WISCONSIN DEAD End Comes Suddenly Following Slight Operation on His Nose in Milwaukee. meters (more than nine miles) ahead of the positions occupied last night. So far as can be observed, the Ger mans are carrying out the terms of the armistice in good faith. Today they surrendered millions of dollars' worth of material, guns and ammunition. At several places they turned huge ammunition 'dumps over Intact. At Bouligny several hundred carloads of lumber, cement and stel rails and 22 guns fell into the hands of the Ameri cans. I rode more than CO miles parallel to the line of the advance. I found a network ' of light railways, all In good working order with bridges Intact. At Iongwy, hundreds of cars, scores of locomotives. 3500 machine guns, thou sands of rifle and various other ma terial were surrendered. At many other points there were similar scenes. Germans Carry "White Flag Most of the towns are undamaged or slightly so. The German withdrawal continues far ahead of the American only a few enemy officers remaining to surrender munitions, guns and supplies. Then these retired under a white flag. The advancing Americans entered scores of Inhabited towns all of which were be-flagged with hastily constructed decorations and home-made American flags. Several communities erected triumphal arches, under which the Americans marched. When the columns passed through Conflans and Brley the streets were lined with school children, who sang the American and French national songs The mayors formally greeted the officers. Belgian Towns Occupied The advance averaged about 15 kilo meters, some of the units reaching their objectives af noon and going into camp on the lines' assigned to them. The Americans found the immensely valuable Briey mines apparently undam aged. Several were aetually in opera tion as they marched by.. Others sus pended when the Germans evacuated. Townspeople said the Germans had re moved none of the machinery since the armistice became effective. The Franco-Belgian frontier was (CfnttntMd Frota Pic One) , j7 LAST ' g TIMES .: fL TODAY 1 The Vfr Laff A I of the Town I "COME j ON IN" 1111 "BUI'. Sweetie- W 2 Rels of ill II amiung bui i : . I Barton. r I 1 Foolishness I !- - V Paramount I 1 1 TOMORROW I k tthel Bnrrjmore l 7: " jJ0ur Mrs. McChosney J I V i ii in , ..r.. , ,1 G. Sheehan, which were secured by col lateral notes signed by 16 of the coun try's largest brewers. Humes admitted he was unable to show the Montgomery Advertiser, which was purchased with the money loaned, was bought in the In terests of the brewers. He had only re ceived the evidence last night, he said, but "other departments of the govern ment" had evidence that would support the point he was attempting to bring out, he asserted. C. W. Fiegenspan, brewer of Newark, N. J., who was chairman of the -publication committee of the United States Brewers' association from 1915 to 1917. was called to the stand to give details of propaganda conducted by the brew ing interests. Admits Propaganda Fiegenspan at first contended that the propaganda was aimed only "to present the good side of our products." "Was that all?" Senator Nelson de manded. ' "Didn't you try to defeat prohibition with your propaganda?" "Yes," Flegenepan answered. He ad mitted In answer to questions that writ ers were hired to write anti-prohibltlon literature for well known magaslnes. John Koren. who wrote several such ar Nicies in the AtlanUc Monthly, received a retainer from the United States Brew ers' association of about JB000 a year. "What part did your committee play In, attempting to influence legislation?" Major Humes asked. "None that I know of." Humes then produced a letter which he did not put into the record which he handed to Fiegenspan to refresh his memory. ' "That letter shows you expended 2000 In Connecticut In 1911 to Influence legislation, does it not?" he inquired. Aided Socialist Party "There Is the letter. It must be so. but I have no recollection of It." The contents of the letter was not made public. Humes produced a confidential report of the publication committee to the brewers' association, showing that the committee had extended aid in political campaigns In Georgia, Maryland and Connecticut, and in Michigan had "fur nished the services of three Journalists." Has your committee ever had any con nection with the Socialist party?" Humes asked. Upon receiving a negative renly. Kumes produced data tending to show that in 115 the publication commitee was busy furnishing information to the committee on alcohol of the Socialist party for "inclusion in its next year's report. "Are you acquainted with Max East man?" he inquired. "No." "Do you know George Sylvester Vler- ick : He did not know Vlerlck, Fiegenspan saia, dui no Deuevea some other mem oers oi nis association were connected wun mm. "Do you know Louis Hammerllns?" fiegenspan Old know Hammerllng. Do you know that Hammerllng claimed to control 700 to 00 foreign language newspapers 7" senator King in terjected. "Hammerllng hypnotized tha tlon one year and got a large amount of money wun wnich to combat prohibi tion, me wiiness aamitted. "About $800,000 which he three years," King said. "About that amount." Humes asked if a certain part of this sum was noi to nave been used through vnniin-Amiriain Alliance, Fiegenspan denied this. "I do not know of any money turned wver uy me unuea states Brewers' as Milwaukee. Nov. 19. (I. N. S.) Charles R. Van Hlse, president of the University of Wisconsin, died here to day. He came here last Friday for a sugni operation on ms nose, it was stated complications set, in and menin gitis resulted. trontA east of Montmedy and the Bel-1 gian towns of St. Laser. Etaile and Vir-! ton occupied. The Americana also reached the Junc tion of the French, Belgian and Luxem burg frontiers, northwest of Longwy, another great iron center. The Import ant railway towns of Conflans and Longwy are now in our hands. Scores of new towna were added to the hundred already passed. New divisions have marched in to sup port those in the front line. Those in clude the Fifth. Twenty-sixth. Eighty ninth and Ninetieth divisions. Opposite the Texas and .Oklahoma troops the Germans sent over 300 Ital ians who had been prisoners three years. They declared they had been forced to work on roads and defenses close be hind the front lines. One of them. James Vlgnelles of Chicago, said the Germans lost no time In getting out of that par ticular region after the armistice was signed, save a small group that acted as a rearguard. Twenty-eight Americans captured In the last hour of fighting were seat back into the ranks of the Michigan and Wisconsin troops. German non-com missioned officers who accompanied them to the line explained 'they did not want to be bothered with them and would trade the prisoners for 20 cartons of cigarettes. A Grnd Rapids soldier furnished the cigarettes and took charge of the prisoners. Germans Eager to Fraternise Many front line unite have been re lieved. Including New England troops. Oklahomans and Texana, and have been sent back to rest billets for reorgani sation. Just before the advances began Sun day I saw an outpost playing catch wj,th a ball Improvised from cloth -and trtn In . a field near the front line east of Verdun. From a nearby dug out a German who had been left behind to aslst in turning over some material approached and called In English "Give me a catch." The doughboys laughed and tossed the ball across a few times. The German said he lived In Milwaukee for ten years. In some places the Americans refused to fraternise with the Germans, but in others they talked across the lines and traded tobacco and bread for buttons and other souvenirs. Opposite some Massachusettes troops the Germans traded off all their am munition and equipment, declaring they had nojjjnore use for them. French Close to Rhine London. Nov. 19. (U. P.) French troops have reached the neighborhood of the Rhine on a front of about 30 miles, from the Swiss frontier north ward, it was officially announced to day. "Large quantities pf war materials and allied prisoners have fallen into our hands," the communique said. "In Belgium. 4 we passed the railroad from Beaurain to Florenville. "We entered Saarburg, Dleuz and Morhang and reached the proximity of the Rhine between a point north of Neu Briesach and the Swiss frontier." (Neu Briesach is a mile and a half west of the Rhine and is about SO miles north of the Junction of the French, German and Swiss frontiers.) Brussels toward Mallnes (midway" be tween Brussels- and Antwerp.) "Munition depots were exploded at three ran stations in Brussels," setting fire to the station buildings. UNEQUAL RATES ARE POINTED OUT (Continued From Pace One) the rate which the Inland Empire ship per must pay for moving his product down the Columbia to its commdu point terminals and over the ste-jp mountains to Puget sound. Tunnels, sharp curves . and grades which test the best of brakes, blizzards, snowslldes. ice and washouts, hold al ways their threat above the mountain route, but the rate Is the name as down the Columbia Where the grade requires only nominal . motive power, stress of weather Is almost unknown and opera tion rarely Interrupted even In slight degree. Yet the mountain route which Imposes the higher costs penalizes the rate mak ing of the entire Northwest. Seattle and Tacoma have wheat delivered to them as cheaply as to Portland, Van couver and Astoria and the shipper in the Inland Empire pays the freight. uoiumDia river communities possess the greatest natural advantages of Pa cific coast terminals and shipping points, but. contrary to the proposition of the interstate commerce commis sion, they do not enjoy the benefits of their natural advantages. Upon a basis which no authority would claim to be fair, the mountain and the water grade routes pay the same rate, the shippers pay higher freight rate than they showld and Columbia terminals are deprived of trade to which they are entitled. When the federal railroad administra tion took over the control of the rail roads, it was expected that ease and economies of operation would be con sidered and that Justice would be 'done by recognising, with a rate differential, the Columbia river water grade. But when Edward Chambers, director of operation, was asked to take the steps necessary to do Justice to the commu nities of the Columbia he declined, leaving no recourse save to carry the contest with all the power of the people of the Columbia basin to the highest authority, and until the artificial rata structure has been overturned. In planning the contest, one fact. however, has not been forgotten. When officers of the railroad administration. Including R. H. Alshton. regional di rector from Chicago, were in conference In Portland, it was ordered tfiat the Chicago & Milwaukee be loaded ro ea pactty with government transcontinen tal freight because it had the easiest grade. Republicans Make Demands for Open Peace Conference Washington, Nov. it). -(L N. S.) A. united demand for open or public ses sions of the peace conference, that all the peoples so vitally affected by It may ! know exactly what is said and done at the time the conference is going on, is likely to be made soon by the Republican members of the senate. Such a demand waa virtually decided upon at the conference held by the Re publican senators this afternoon at which they reported they had reached a harmonious agreement as to the future legislative and other policies they are to pursue when peace and reconstruc tion problems arise. Senator Penrose. Senator Borah and other Republican leaders of the senate are already on record as being In favor of an open peace conference and the demand is expected to take the form of a resolution to be Introduced In the sen ate. ' this show will be the biggest corn show ver held In the state and the Benton county farm bureau has been working quietly but energetically ever since last spring to make It such. Fifty farmers entered the contest early in the spring to see which could produce the best acre of corn. Benton County Plans Biggest Corn Show Philomath. Nov. II. The Benton county corn show will be held in Cor- valfT November 22 snd 23, In the can nery building at the west end of the Willamette river bridge. It is expected Munitions Depots Exploded Havre. Nov. 19. (U. P.) "We have reached the line ' from Baesrode to Alost," the Belgian war office an nounced today. "Our cavalry has advanced from Charles R. Van Hlse was born at Ful ton. Wis., in 1857, and was graduated from the University of Wisconsin in 179, later receiving degrees from the University of Chicago, Yale. Harvard. Williams college and Dartmouth college. He was an instructor and later pro fessor of metallurgy, minerology, ar- chaean and applied geology and of geol ogy in uie university of Wisconsin and became president of that institution in 1903. It waa aa a geologist, natural historian and conservationist that he was best known, although of late years he has figured prominently In discussions of the trust problem and the relations be tween employers and employes. He lived In Madison and had Just returned from a trip to France and England as a guest of the British government. What his friends called an absurd jand utterly unfounded attack upon his Americanism by a syndicate of newspapers marred the last few weeks of his life. This at tack was predicated upon what the writer deemed a showing of respect for Germany because Dr. Van Hlse's hat was off while he was passing jt German coat of arms in an abandoned dugout in France. Dr. Van Hlse's friends never questioned his unswerving loyalty to the United States. The DIET During bad After The Old Reliabld Round Package m mm Malted Very Nutritious, Digestible The REAL Food-Drink, instantly prepared. Made by the ORIGINAL Horllck process and from carefully selected materials. Used successfully over Y4 century. Endorsed by physicians everywhere. and get HoHick'S The Original Thus Avoiding Imitations PHONOGRAPH Plays all records better They Are Here TJtfs is to inform our cuttom ers who have been waiting for the ' Cheney Phonograph That we have tody received a substantial shipment of this superb Phonograph. If you are thinking about the pur chase of a Talking Machine you owe it to yourself to bear the Cheney. Made in Six Models Price $75 to $300 Write for Catalogue asd Terms G. F. Johnson Piano Col II Sixth. Bet. Alder asd Morrises Mrhlln Packard Undemaa Plasot Mnslral Merchandise 1 IW (si O0GBW JSjL wra nrm) m-irm spent In INDIVIDUAL respon- sibility in this move ment for a "Greater Oregon" is like indi vidual responsibility in civic affairs by voting on election day. Some neglect it ' None should. Use home products. HOME INDUSTRY LEAGUE - OF OREGON Famous Wasit Meals Skin D. D. D- the greatest of ski resMdtos, will festove those skhi affltcUena that hee raade year UH a hordes. That la tolerable itehlBf . baraia as4 lacsfr fort will dtsapaear aadar the sui f thk remedy. 8ndidr tnrtlfy H has eared cssee preoesaeed bearable. We rarmUt the Bret bottle te brins yo relief. Try D. D. D. S5e, eee aod tlM. The Owl nrsir ro, Sk.!d.or re Co. 3 Great Overcoat Sale! a sss-sssr In accordance with our long established custom, we shall hold our Great Overcoat Sale during the month of November. Because of the way in which we conduct bur business selling direct from manufacturer to wearer we are able in spite of present abnor mal conditions to sell overcoats of real pre-war quality at very nearly pre-war prices. This was made possible because we bought the cloths over a year ago when prices were still low and manufacturers were still making wool ens out of real wool. Then, too, we saved in the cost of manufacture by having the coats made during the dull season If we could show you in cold type as you read this the real bargain quality of these overcoats we would have to put in a riot call in order to have the crowds held in check. As an example of what you will find we will tell you that we are selling real all wool overcoats at$18to$20. For your own .satisfaction take a look around town be- 3 fore you come here. We know that you will buy of us. if ,- wp)(! "u;Nifi sbbbjsssbs r i m c -rM m . m a. m - a Brownsville Woolen Mill Store Mill to Man Clothiers, S. W. Corner Third and Morrison 8 LAST TIMES TODAY 1 Liberty N w I RsTiew 'Tell It to the Marinoe" MURTAGH and Our $50,000 Organ r MARGUERITE CLARK "OUT OF A CLEAR SKY" 1 ! CLEAR SKY" I STARTING TOMORROW I Af li f 1 Urti'.sM-Jf-J i MITCHELL LEWIS Star of '.The . Barrier" The Br Sinister" "NINE TENTHS OF THE LAW" A powerful drami of the North Wdods Reliable Dentistry W puiMM mm tar If Mar. w wui msiM rwr wna Cm a4 tan M fSrt what tbar Majsira ass vast ts win aM hm ss.se-ts.oe rrMiai oem. , .t.to-.eo 44 SINIM. . . .SlO Sit we titM aat af TMtk far if OS fmtmttm frtrawn ... tttw rmmm cm I atre Wkt sejesaal ttesoea wa a i vwl a. r. Ktwrof. m, - Oses VrnOas PstfJ IS Boston Painless Dentists at an am am wmmmu tM. win;v Odiial sociauon -o me uerman-American Al 'Xfmmy ft