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.
Since 1852
San Francisco
a
11 PIN F Cbnsfis,
Befresfalia ul BeiUaf
LellesMarineforRed
1 nessv Soreness, Granu-
OUR tY CO Buminff of the Eves nr
"ErKA Drops" After the Movies, Motoring
orison wuiwuronicmiHRKa ask year Urag.
gtetfor Marino when year Eyes Need Care
ZXurln yt Itemedy Co. Cblcaso
CLOTHES for the man who
v hasmore important things
to think of
The man of many affairs finds in my
ready-for-service clothes all the qualities
he demands.
Here are clothes that are. ready on the
instant -smart, handsome, well-proportioned,
faultlessly tailored the kind of
clothes YOU like to wear. .
Many of Portland's most successful busi
ness and professional .men buy their
clothes from me; it pays them. ' '
Overcoats and Suits
$25 to $90
en
rriconStreetalit
F -
G-3013
t . -
5tart witn a
Modern Bathroom !
SOME persons plan their new home from
Ihe outside in, and others plan from the
inside out. But it's usually the women
folks who say, and with some emphasis too,
"Let's have a modem bathroom. 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