; 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
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