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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 13, 1919)
; THE OREGON DAILY JOURNAL, PORTLAND. TUESDAY, MAY 13, 1919. DM DISTINCTION IS- BETWEEN GUEST AND 'LODGER OR RQ0MER! ' " '-. ' V "- ""' T -" Judge Gatens , Reversed in de cision by Supreme Court in Suit Over Theft Loss. Salem, May 13. A. sharp distinction is drawn as between "ruest" and "lodger or roomer" In an opinion handed down by Justice Bennett of the supreme court today and concurred In by Chief Justice McBride and Justices Bean and Johns in the cane of A. M. Mcintosh, respond ent, vs. R. H. Shops, manager of the Standi ah hotel, Portland, In which the decision of Judge Oaten of the Mult nomah county circuit court wu 'reversed and the case remanded with Instructions to enter a non-suit. The case was the outgrowth of the theft of wearing apparel, etc., to the value of $84 from the room of Mc intosh in the Standish hotel. Mclntoah held the Shops responsible, as the keeper of an inn, for his loss and his claim was upheld in the Multnomah court. The supreme court, however, reverses this decision on the ground that Mcintosh was not a "guest" at the hotel in the sense of a transient, but was a "roomer or, lodger." in that he made his perma- nent home therein and that therefore the degree of responsibility was entirely dif ferent and that no evidence was intro duced to show neglect on the part of the defendant and therefore Shops was not responsible for the loss. A petition for a rehearing in the mat ter of the estate of Andrew J. Sturtevant, deceased, was denied in an opinion hand ed down by Chief Justice McBride. The case, which came Into the supreme court on appeal from the decision of Judge Daiton Biggs ot . the Umatilla county circuit court, is a controversy "over a will made by Sturtevant, in which Vivian ' I. and Lowell E. Sturtevant, minors, are contestants and Mark, Alma - and ; Fay Sturtevant, defendants. A petition for a rehearing in the case of P. A. Kennedy, e'- a!, va the city of Portland was denied orally. The case Is a controversy over streets in connection with the platting of Rose mary park. Australian Di s e as e s Discovered iWheat Fi eld s of Illinoi s 'Washington, May 1- U. . P.) Two crop diseases that have devastated Aus tralian and European wheat fields have been - discovered in Illinois wheat, the agriculture department, announced - to day. ,-.,L. y, f';': , The department baa - begun nation wide. Investigation tojeanr if either .dis ease has spread to other areas. Farm ers are asked to assist by reporting Im mediately anything suspicious in the ap pearance of their wheat field a - L : " Both diseases ' are believed to have been brought to American wheat fields through Imported seed wheat They are known as the nake-ail: or whitehead disease and "flag smut." "Take-all" attack oats, barley and rice as well as wheat. It appears in round or irregular patches I in wheat fields. causing alt plants to turn yellow and later brown; when they die. ' "The flag smut" attacks the upper or flag leaf of the -wheat plant. This leaf begins to show long.,1 smut spore stripes and frequently Is contorted into a spiral. Infected plants fall to produce heads. Asylum; Attendants Charged by Doctor With Mistreatment San Jose, Cal., May 13. (U. P.) Sen sational charges ot abuse of patients by attendants at the Agnew state Insane hospital are to be made today by Dr. Frederick Webster, fighting for re- lease from the Institution, and Horace Wilson, a director of the asylum Web ster opens a court fight . here today charging he has been unjustly Impris oned In jails and asylums for nine years. ?. --4 . ! espionage Conviction Upheld 'San Francisco. May 13. (U. re conviction of Kmil Herman at Seattle on charge of violating the espionage law is upheld today by the federal cir cuit court of appeals. Herman, a Social ist, was convicted of publishing a pam phlet, "Military Ideal." seeking to dis courage men from joining fighting forces during the war. JUS HUSBAIJD SAYS V OF CANDY MERCHANT ::giAY;:HIS-ViFE YoureMyBaby," Contained In letter, He Says; Defend ant 'Alleges Blackmail. thing Is a plot. between the husband and wife to blackmail Mr-Rantner. " "Mr. Rentner la &0 years," said. Mr. McCue. "and of a very kindhearted dla-. position. This case is a frameup from start to finish to bleed roy clients PROOF OF FRAUD f NOT FOUND E. V.McReynolas, husband In a 115,000 alienation suit against Fred Rentner, proprietor of a candy kitchen at 155 Broadway, told this morning In, Circuit Judge' Kavanaugh's court how his wife. Beryl.' had become estranged from him through the wiles of the candy merchant. Candy, flowers, lunches, dinners, auto mobile rides and fine clothes, according to Mr. McReynoldi were the means em ployed to wn his'Wife's affections from him. . ''-; ... That he and -his wife were living happily until December 14. 1918, was the testimony of the husband. At that time, he stated, his wife took a position as saleslady in Mr. Rentner's store and his troubles began. - - The first he noticed, so the husband averred, was when his wife started com ing home from work late and declined to eat the meals he had prepared for her. When asked for a reason, be al leges, she replied, "Oh, I am not? hun gry. 'Happy took me to dinner. "Happy," the husband stated, was Mr. Rentner. Mr. McReynolds testified that Mr. Rentner went so far as to provide a residence for Mrs. Rentner in Vancou ver and that he Instigated her to file a auit for divorce. Jn support of this testimony a letter. purported to have been written to Mrs. McReynolds. was Introduced by the de fendant. The letter: "My darling, darling sweetheart If you are willing to be my sweet wife I will' make your life all sunshine and roses and happiness. Tou will always rind me the same. IJon t think I could ever change. You are my baby now and always will be. Love and kisses. The contention of the defense will be as Indicated by Attorney John McCue in his opening remarks that the -whole .J Jfc - h' " . TT 7 TV V ; .... Tf 5 : - ' Finest A i Burley Tobacco Mellow-raged till Perfect -. plus a Dash of Chocolate n , .. . , ..... The Perfect Tobacco . for, Pipe and Cirrarette rf' j Ciiarafttd by Inooksoi In thi pliable K 1 tea foil ;:'::r:; I package v ; y In the z convenient pocket carved tut . -. Judge Bean Finds Harry Lewis, Who Sold Land, Not GulHy. ! ' Mere claim that property Is worth ' a stipulated sum and that its owner be lieves It a good investment is not fraud In the sale of property. Judge Bean set forth In a decision handed down In fed eral court Monday - in the case ot V. P. S. Fischer and Alfred Eubanks against Harry U, Lewis, which had to do with purchase of a mine at Oallce. Or, by the plainUffs from Lewis for $9000. It was charged In. the complaint that claims were made by Lewis that were not substantiated In operation of the mine, and that the mine proved al most worthless. No proof of fraud was brought out, however, according to the decision. , CATTLEMEN ENTER ' PLEA Pair Is Charged With Grazing Stock in National Forest. . John H. Harrison and William Cham berlain pleaded not guilty in the fed eral court Monday of ; pernilttlng cattle to grate in the national forests with out legal lloenaei ' Harrison's "cattle, it is alleged, erased v la the . Deschutes forest and Chamberlain's in the Whit man reserve. Their cases were set for July l. - . T The' equity land suit against -Nancy C Wooley and others brought for the purpose of cancelling four homestead patents on land near La Grande Or., was-set.- for trial July 28. ---if ; f J. W. Ereron, Joe ' doe ' and A. Lopes, Indicted with John C. Thompson-for alleged violation of the explo sives act. wpre released on motion of .Assistant United States 'Attorney Beck man, on Their, 'own recognisance. They will act as witnesses against Thomp son, who olaUned ownership of nitro glycerine found in a freight car. HOWARD'S PETITION DISMISSED Action of Coos ' County Not ' Stopped in Federal Court. Federal Judge Wolverton Monday handed down a decision dismissing the petition of R. S. Howard Jr., as receiver for the Title Guarantee & Trust company, which- soueht to throw out of court the suit of Coos county against tho trust company on the grounds that the receiver had not been notified by the county of delinquency of taxes. Judge Wolverton held, that the receiver need not be notified in a case of this kind, but that publica tion of tax delinquency m the name of the persons who are listed on the tax rolls as - owning ' the property Is sufficient, and ,that ? all - Other parties to the suit are assumed to have been notified. The major suit - involves a huge - sum in alleged delinquent taxes held by- the- trust flmu---. --t i . HUBBY STINGY, WIFE SAYS ' Would-Be Divorcee Alleges She Can't . Even Spend Own Cssh. . Although - she .was- ill and . he was making $7 a day In the shipyards. Ray mond Logan compelled his wife. Stella, to work to help support herself, - ac cording to her plaint in a divorce suit. When she bought anything for herself, even with the money she earned, he protested, she avers.; v Etta M, Norton says that Fred Nor ton flies into such Insane .rages that she cannot live with him. They have been married less . than two years. CRUELTY IS ALLEGED Wire Says' Husband Is Bootlegger and Took Hooey From Penny Bank. Claiming that her husband,' Joe L. Crane, on one occasion broke open the penny banks belonging to her babies to pay gambling debts and -was cruel and inhuman in bis treatment at all times. Madge L. Crane has filed a petition for divorce in the circuit court. Married In February, 1915, the1 Cranes nave three - children. - Joe E.. aged 3 years ; Ruth G., 15 months, and Winifred. S months. Mre.VCrane alleges that her husband gambled and lost! most of the money he earned and said that most ot it was obtained "through bootlegging, for which be was - arrested several times. Because of this, she said, it was neces sary for her children to go without many necessities. - " As an additional charge, she says she was 111 with the influensa, last fall a fid sent him to the drug store for medicine and he did- not return for three days, leaving her in a helpless condition.. She asks. In case the decree is granted, that she be awarded $50 a month alLnony. ' ' .' , . " - Workman Sues Lumber Company : A $25.00e personal Injury - suit was commenced this morning In Circuit Judge Morrow's Court. . The action . is against the Xnman-Poulsen Lumber com pany and Is brought by Olin Lewis, who was injured while employed -as a helper in the company's, mill. . , . RailrRidden .Victim ; Denies He' s Slacker j Friends Investigate Redding, Cal, May 13. (U. r.) Fra ternal " orders ' and ; friends . of Franjt Belleville, who " was ridden on a rail in Dunsmulr Saturday for refusal to buy a Victory bond, are today arrang ing to bring -action againtt the' aHe perpetrators. , , They state ' thai.'BellevCU bought 1 i of all other Issues, and is flna..I'y unable to help "finish the Job" bww'i of illness of himself and his large 1 -lly. The hastng occurred during a hot effort to triple DunsmuU's Victory ka quota.' r . LEMON JUICE ' FOR FRECKLES Girls! Mike beauty lotion for a few cents Try it! Squeeze the Juice of two lemons fc-l a bottle sontatning three ounces . c". Orchard white, shake well, and yea axr a quarter pint of the best freckle amrl tan lotion, and eomplsxion beautlfler, as very, very small cost. , . Youx grocer has the lemons and r-v drug store or toilet counter wCl acrj'-y three ounces Of orchard white tor a i cents. Massage this sweetly rri".. lotion Into the face, neck, arms ax hands each day and see how freckles ; blemishes disappear and how dear, tnt: and rcry-whlte the sain beenmea. Tm I it is harmless and never Irrltatsa -A?v. From! oil sides j ! i . " - SuEiday Journal best W we heardstated''that:'.The s New Magazine was the. . (;, . Sunday f eature ,ever of f ered Next Sunday more "good stuff ore clever sorbin fc- v fiction inter estiiig facts and. ab g stories of science ' .. . ..... " -.; ' : ' It is the sort of -magazme thfit. suppKes good RE :' reading Sfor me EMTI Get it with next i !Newsy Journal Sunday all for SOME OF THE features are WHY NEWPORT IS WATCHING MRS. DOUGLASS Held down by the rigid parsimony of her rich banker father, the late Luther Kountze, will $he now -enliven social colony with the millions she has recently inherited? HEALTH, BEAUTY AND THE HOME i - . ! -: - - - Doing Without Servants By Mrs. Christine Frederick. Fighting Old Age By Lina Cavalieri. Tested Macaroni Recipes By Mary Lee Swann. Household helps worth knowing! ' . SEALS TRAINED TO HUNT U-BOATS The Britishj navy reveais one of the most surprising secrets of the war on the German submarines. ASTONISHING THINGS ABOUT TEETH Who would guess that crabs wear their teeth eta their tegs that the little sea urchin has five Jaws with teethv mHte tSc whale, mthcxcellent teeth; never bites one them?. . AMERICAN BRIDE TO BRAyiE BOLSHEVIKI . - . . V Her prince; enormously rich when Xliss Stevens bcarae en gaged to him, the revolutionists have seized his estates hat she marries her hero just the same and "iccomparttes hira back to the land of the Bolsheviki. NEWEST GOWNS FOR THE AFTERNOON By Lady Duff Gorden A fashion page par ejEcrfTence fa color. :. - 'sir. mi . ft : . 1 " - THE jHpME WRECKER by Rothin W allace ; Short -Story Full of Delightful' Surprises S-M-I-L-E NEXT SUNDAY with JIGGS, JIMMY and the rest of the funny folk in the colorful comic supple ment. ; . I "i-'h:f:";::K::. ' ., '-i-.i-K '..v':','r-" iv-.;i1i-s.!??'.,.t-f-;4 .': AT NEWSDEALERS 5 r