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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Oct. 21, 1919)
THE OREGON' DAILY 'JOURNAL, - PORTLAND, ' TUESDAY, t OCTOBER- 21, 1919. 5 STATE DEFICIENCY JUDGMENT LAW IS UPHELD BY COURT Opinion Declares Action of Lower t Court in Denying Further Col lection on Mortgage Right. DOUGLAS CASE IS DECIDED Opinion Was -Prepared by Late Justice Moore Prior to His Death, Court; Not Unanimous. PIGEON RESPONDS TO SICK ICAIX Salem, Oct. 21. In an opinion prepared by Justice Moore, Just prior to his death, in September, and cred ited the late Jurist, Chief Justice Mc Bride today affirmed the decision of Judge J. W. Hamilton of the Doug las county circuit court in the case of A. H. Wright vs. L. Wimberly, in upholding the validity of the state law prohibiting the collection of a deficiency Judgment on a purchase price mortgage. Wright had 'filed suit against Wim terly in the Douglas county circuit court to recover money on a promissory note for $3000 secured by a mortgage. Judge Hamilton ordered the lien foreclosed to satisfy the claim, but refused to give a deficiency Judgment. After selling the property on order of the court and de ducting costs incident thereto, the bal ance. 11909, was Indorsed on the prom issory note. Allowing credit for this 'amount as a voluntary payment, action was Instituted to recover the balance due on the 3000 note, with interest, which action was dismissed by the Douglas oourt. the supreme court today sustaining Judge Hamilton in this ac tion in Its opinion on the appeal. , Justices LJenson, Harris and Burnett, vhile especially concurring with Chief Justice McBride, who quotes the opln ' Ion prepared by the late Justice Moore tn the case, hold that there never has been such a thing as deficiency Judg ment in this state and that, therefore, the law upon which the opinion is based Is meaningless and ineffectual. Justices McBride, Bean. Johns and Bennett, on the other hand, agree that the section is a valid prohibition against any recovery In thp foreclosure of a purchase money mortgage, beyond the amount which results from a sale of the property, although the creditor may sue on the note, Ignoring the mortgage and recover the full amount. Other opinions handed down were : , State vm. Norma C. Stage, appellant; appeal from Coos county; arising over conviction and Tine of $28 for shipping two salt water crabs, opinion oy jus tir Ttun. Judge John S. Coke affirmed Peninsula Lumber company, appellant, vh. Rnval . Indemnity company; appeal from Multnomah county: suit to correct an alleged mistake in indemnity policy- r'l -a 1 ,' 'A. , ."'k V , .W Purple clad street gammtn answers to the name of "Bill. Dr. Loeding fixes his broken wing. SCHOOL ENROLLMENT IN SALEM 20 PER CENT . ; GieWi THAN; BfER .5 ' Youth TralnerJ r irr - School Ma chine Shop Makes Splendid Rec ord in Commercial Plant For. a semi-domestic bird the , street pigeon is a pretty game proposition. Witness the case of "Bill," a purple feather friend, who got tangled up with an auto at Fourth and Oak streets Fri day afternoon and came off with a broken wing. Though painfully bruised, "Bill" did not even. whimper, but strut ted bravely about until he attracted the attention of passersby. Full of pep, the wounded pigeon gave a dozen men and boys a merry chase. dodging about . under parked cars. A. postman finally corralled the bird under neath his cap and a Journal scribe toted him to the office of Dr. Charles Loeding for medical attention. ' Properly splinted and bandaged, the wing is doing nicely, and in a week "Bill" will Join his fellows on the pave ment. When hungry, which Is most of the tine, Mr. Pigeon answers to the name of "Bill, and that's why Loeding Vid his friends refer to him as "Bill." HIGHEST COURT IS TO BE ASKED TO DISMISS JULIUS MR CASE Man Convicted of Violating Ore gon Dry Law Out of State; Attorney in France : The case was set for hearing in the federal supreme ' court for October S4, but inasmuch as Wilbur has left the state and his attorney la in France, it V-iU be moved that the case be dismissed. Salem, Oct 21. An Increase of 20 per cent over all previous enrollments has been made in the-Salem public schools this - year,- according to announcement made at the Commercial dub 'lunch Monday by John W. Todd, city super intendent of schools. The greatest pro portional increase- Is In the high school and Junior high schools.' The schpol has enrolled 21 returned service men, one, 23 years old. being en rolled in the Junior high school. He has a record of 18 months overseas. The boys of the manual training department- have completely remodeled an old house belonging to the school dis trict, making It a comfortable, modem home. It is occupied by six" teachers and is cared for by the girls of the do mestic science department " The schools operate four cafeterias, each having - its own kitchen, and these will net a slight revenue for the school district; Instead of being an expense. The machine shop of the high school netted the district $1100 during the sum mer months. One boy of this depart ment for a. test, was put in a commer cial shop and turned out in. one day 42 jobs of the same kind that regularly paid mechanics turned out at the rate of four a day. TWO FILE APPLICATIONS FOB - - APPBOPKIATIOS OF WATER Salem. Oct 21. Application for the appropriation of 500 second feet of water from the Deschutes river for the Irriga tion of "100 acre of. land, the', develop ment Of power and for domestic uses, was filed: with State' Engineer Percy A. CUpper by Albert & 1 Roberts 'of The Dalles.' ' " ''-" - Mrs.. A. M. DeWttt of Austin' filed application 'for the appropriation of wa ter from Big Butte creek for the irriga tion of a small tc& : : - ' State. Capitol "Personals ' I Salera,,Oct 21.f-PercyA."Cupper, state engineer, .., returned ISunday from Baker county.- where he. made an Investigation of. Irrigation projects last, week. There are seven .districts. In. the . county either already organized or ., in' process of or ganization, . according to Cupper. They embrace a total of approximately 100. 000 acres. 70.000 of which, are. included in the Lower Powder -valley 'district. Forty thousand acres in this district are Casev act lands. The Other projects in spected by Cupper at this time were the Sparta, Pine vaney. mrkee. unogepon. South fork and Hereford districts. i ' - . . . . v ' - I. t " F. A. Elliott, state forester, left , Mon day morning for Klamath Falls, where he Is attending the sessions of the Fire Patrol- associations , of . Klamath " and Lake counties. . . . t ; . J A.vChurchill, -sfate' superintendent of instruction, left Sunday for Wallowa to attend t&e session of the -Wallowa county teachers' institute. Dr. FlL Thompson returned Sunday from Astoria. . where ha had .been, on business for the' state Industrial acci dent commission. . .. Win T. KHrk, industrial, accident com missioner, -was In Portland Monday on official business. ..- 1 ' E. E.. Blanchard of Grants. Pass attorney for the state land board 4n Dnuflaa eountv. dropped . in . on G. G. Brown. sedfYtary of. the board, Monday, on his way TiOme after a visit with rela tives in, Ohio and Chicago. , ' Twiui H. ComDton. state parole offi cer, has' gone to San Jose, jCal., to bring back a man named Nugent wno is ai Ieged to have violated his parole. H. W. Gard, John Henderson and T. N. Vibbert directors of the North unit irrigation district. ' and A. P. Anderson, secretary of 'the district called at the Of fide of State - Xmgineer Percy "A. Cup per to look up some of the affairs of the dJatrtet,-.-M-r-.-.- - . . ... , Albert S, Roberts" of .The Dalles, for mer representative-from Wasco county, called at the office of George G, Brown, secretary of the state . land board. - He la a prominent. business man and ranch er of Wasco county. ; v -- . lodges Exchange Posts; f r Oregon City, Oct 2LJudga. J.'l U. Campbell has gone to Prinevllle to sit on the circuit . court bench while Judge Duffy from the Eastern Oregon city has come to Oregon City and Is -hearing caaea this -week. ... ,. : Hea4s:Ai:e Cracked ;When Strikers-and--: Policemen Clash ' Pittsburg. Pa, Oct SI. (I.. X. S. Rioting broke out in Braddock when loyal steel I workers who were leaving the rtdrar Thmnoon nnt r vn v"?"1 attacked-by a crowd of strikers and their ' aympatbisers. One state police- j- beaten up. It was estimated that 1000 mejii participated In the fighting. The workers hart been fed. in the mtlis until today, when It was thought saf - or , them. to go to, their hemes for dinner, " . : V'-" i s . . : - s- tb- -'$'' '' Z "' - ': ", w: " Ct" i J ; Armed Vagrant v Goes to iaii ,w. Centralla,- Wash.,: Oct 21. John Con nelly, arrested Sunday on a .-charge of vagrancy, was sentenced to 25 days in the city jail. When taken into custody, a revolver, much ammunition, a flash- light and two. bandanna handkerchiefs were found on his person, . t : 1 -r- -r: a& : Te Prevent Influents ; " CoM etu (rln tnrt In(lonn LAXATIVR BROMO QUtXINK TtMoU remove .the en. Thm ta only on. "BronM Quinine." X. W. GROVE'S aisnatara on box. , 0w Ad. - . s. Sarem. Oct 21. Attorney General George M. Brown and Gilbert Hedges, district attorney of Clackamas county, have made arrangements for couhsel to appear before the supreme court of the United States and ask formal dismissal of the case of Julius Wilbur, formerly fn charge of the Friars club of MUwaukle. Wilbur was charged, convicted and sentenced to Jail for having sold liquor on September 23. 1916, in violation of the state prohibition law. He appealed to the state supreme court, which sus tained the conviction, but he then ap pealed to the supreme court - of the United States. Onlnlon bv Justice IT riantonhein affirmed. Farmers' National Bank of Ponca riiv nkla... vi C. R. Renfro. et al.. ap pellants ; appeal from Lane county. Suit alleging fraudulent transfer of land to defraud creditors. Opinion by Justice Burnett Judge O. F. Skipworth re- ' versed and case dismissed. ': Marie Hallberg, appellant vs. Cornelia B. Harriet ; appeal from Marion county ; suit to reform mortgage and agreement indorsed on back of promlsory note se cured thereby.-Opinion by Justice Ben son. Judge George F. Bingham af firmed. Th Oregon Home Builders, appellant, vs. Montgomery Investment company, appeal from Multnomah county.; action by real estate broker to recover commis sion. Opinion by Justice Harris. Judge W. M. Gatens affirmed. Western Loan & Building company vs. D. H. Sphier. et al. ; appeal from Des chutes county. Motion to dismiss ap peal. Appeal dismissed. Opinion by Chief Justice McBride. OWE CRIMINAL CASE IS OX DOCKJET OF SUPREME COURT Salem. Oct 21. The case of the state of Oregron against George S. Oralg. ap pealed by the state from Wallowa coun ty. Is the only criminal case on the docket of the supreme court, which goes to Pendleton, October 27. The docket is as follows: Zelia May Lun, appellant vs. Maggie P. M&hatfey et al. Union county ; state of Oregon, appellant vs. George S. Craig. Wallowa county; Earl F. Cran ston et al. appellants, vs. the California insurance company. Baker county; Marlam Caldwell, respondent, vs. J. T. Hosklna et al, Umatilla county ; E. C. Vropst vs. William Hanley company, Malheur county: George A. Hartman et 1 vs. the city of Pendleton et al, appel lants, Umatilla county: Robert Looney et al vs. James K. Sears et al. appel lants. Gilliam county ; Aleta D. Shaw et al. appellants, vs. J. R. Corbett, Baker county: Carrie. May Goyen vs. J. A. Tracy et al, appellants, Union county ; R. N. Stanfield vs. Rector Arnwine, ap pellant, Malheur county.; S. A. Laurance t al vs. -Anna M. Brown et al. appel lants. Grant county; Ella C. Bosman, ty ; Joseph Almada. appellant, vs. Byron Vandecar. Baker county u Thomas Bess ler vs. Powder River Gold Dredging company, appellant. Baker county; L. G. Parman. appellant, vs. Mary M. Par man, Wheeler -county. A RTICLES A RE FILED B T THREE LUMBER COMPANIES ' . Salem, Oct. 21. The Swiss . Lumber company of Portland, with ' a capital stock of $180,000 has filed articles of in corporation.- , A general logging and tim ber business will be done by the concern. Incorporators are E. W. Mersereau, Al bert Rldgeway and E. A. Johnson. Other firms filing articles-were the Shotgun Lumber company, Mabel, Lane county, $60,000, E. R. Leekly. A. E. . Vnlok Rmrn Rnrlesbv : Huntlv-Cov- 1ngton Lumber company, Portland. $5000, . J. W. Huntley.. G. Covington. A. E. Kidd. and Rogers Co., Incorporated, Portland, $3000, J. C, Green, E. A. Christensen, Grover Rogers. 1 Tells How Thin Folks Can Put on Flesh and Get Strong People who have tried it and hun dreds of folks right here in Portland have done so say that if you are weak, thin, nervous, rundown and tjan't sleep nights, the quickest, surest and beet way to get strong, put on flesh, have nerves of steel and be able to sleep well. Is to take a 5-grain tablet of Blond-Iron Phosphate with every meal. The al most invariably remarkable benefit fol lowing the use of Blood-Iroa Phosphate is said to be due to the fact that it does two things feeds the nerves and supplies iron to the blood. So uniform ly successful are the reports .from those who have used It that The Owl Drug Co-, as well as all other leading drug gists, now supply Blood-Iron Phosphate under a guarantee of satisfaction or money back. Inasmuch as three weeks' treatment costs only $1.50 If you like it nothing If it fails every weak. thin. nervous, runaown, anaemic man or woman should beein the use of Blooil- Iroa Phosphate today and get back on the road to health, strength and happi ness without delay. Adv. XEW HOSPITAL DORMITORT ACCEPTED CONDITIONALLY Salem, Oct 21. The hospital dormi tory at the state institution for the fee ble minded, has been accepted condition ally by the state board of control.,; The conditions are that $250 be withheld from the architect's fees and $250 from the contractor's fees until the heating plant is made satisfactory. 'The arrangement of the heating plant was held unsatisfac tory by the board and wilt be changed. The contract price of the building is - The war department has approved the .construction of a marine cable connect ing Cape Flattery, Wash-, and Asia, by . way of Alaska and the Philippine 1s u lands. -. j...- J Choose Any Trimmed Hat w - ........ ., ,. $ H fe.00 In the House $11 .00 Third Floor " i a mm LL O All Hats priced even to $35 have been taken from regular stock and cut to $ 1 5, regardless of the original price in some cases more than twice as much. We are overstocked on fine hats we must-sell enough. to reduce our stock to average quantity for this stage of the season. REMEMBER, these are won derful hats, formerly priced as high as $35.00. You should be here early to se lect your hat. fc.VTr a ...- "SssfBS ' V"a.VT-?X4 x, ' Other Trimmed Hats Reduced to $7.50 $8.50 $10.00 l24tol28 SIXTH ST..JUST0FFTOSHINGOT1 The smooth, creamy-blended bev erage you make from GhirardellPs Ground Chocolate keeps its even consistency till the cup is drained. THIS quality of Ghirardelli's the absence of all settlings left in the cup is appreciated by more, than . a million families in the west, the constant and consistent users of Ghirardelli's Ground Chocolate. You can only buy Ghirardelli's (Ground Choco late one yay in sealed cans. It-is never sold in bulk. - At your grocer's in V lb.. 1 lb. and 3 lb. cans ' Say " Gear-ar-dc!Iy" D. GHIRARDELLI CO. 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And. they're right! Up-to-date bathroom fixtures are not only a "safe - and sane" investment from a money standpoint, but. they also afford genuine pleasure to every member of the household. No one enjoys an old-fashioned', : bathroom. And no one likes to pay repair b3U the "twin-brothers" of antiquated fixtures. i' Begin your plans with the bathroom, and see our model display today. Our stock of Thomas' Maddock's modem, sanitary fixtures is exxeptjonally complete. THE.GAULD COMPANY Portland, Oregon " ' ; High - Grade ; Plurnblns -Fixtures