JUDGE KELLY
IS AFFIRMED
1$ Upheld by Supreme Court
in Litigation of Woodward
Against Land Firm
Jadpe P. It. Kelly of fae lower
court for Marion county was affirm
ed liy the supieme court yesterday
in an opinion by Justice I'ean In the
car of J. I. Woodward, against the
Willamette Valey Irrigated Land
company. The action was brought to
recover money and Involves a con
tract between the litigants rovering
the a!o or the defendants to the
plalnlilf of 17.0C acres of land In
Marion county, including water rirht.
The price was $42C5. At the time
contract was made $1000 of this
amount was paid, the "remainder to
be by deferred payments.
It was alleged that the land com
pany agreed to furnish water for
Irrigation of .tti land between May 1
end October 1 of each year.
The .plaintiff : gave the defendant
notice of recession of the contract
about August 10 and offered to give
a knit claim deed to the property
tcgether with .all accounts, on con
dition that the defendant repay the
$1000 and pay Sfi5 for improve
ments that had been made by the
pun. baser of the tract. ' In a eoun-ter-claltn
the land company demand
ed payment of $170 for use o fthe
property. The lower court acquiesc
ed in the recession.
The supreme court yesterday re
; termed and remanded to the- lower
court the action of Thomas Mallov
a?ainKt the Marshall-Wells Hardware
company and R. A, Camp, appellants.
" r. . i, r.if.- i-Jtlf AT, MAY 29, 1918
a -. I . m m
Si J
SF
"a worn;
wfco lie niW.i
t filial
rie, jet
Wicieiici
1 Jlhfr
a'div
It
evidence was Introduced to show that
bis back was broken and the ower
P&ft of his body has remained iara
lyzed as a result. The verdict in the
lower court allowed damages for Mai
loyand the defendants appealed. The
opinion directs that a judgment of
nonsuit be entered as to the defend
ant. Camp. One portion ot the opin
ion says: ':, : - . ,
"The work which the plaintiff wa
dofng was his own work, in perfor
mance of that work he was not an
employe of. the Marshall-Wells Hard
ware company. The employers lia
bility act was therefore inapplicable
to the manner in which the work
was done. s
This" upholds the contention of the
aeienaants. various
orrnra in IhA
ii an opinion wruien oy justice aie- court's instruction to the Jury were
Catnant. The case was tried in the.nointed out , : -
lower court for Multnomah county.
Judjte II. H. P.elt. of Polk county,
iltting as a substitute. (
The action was for damages for
personal Injuries and was brought
under the employers liability act
The plaintiff In the case was em
ployed as 4 barn man for the defend
ant company In a barn located at
Seventeenth and Lovejoy streets In
Portland. Malloy was Injured while
hoisting wood from the first floor of
the barn to the second story, tnrongh
-an' opening In the second floor, and
Other opinions were handed down
today. as folows: . ...
Oregon-Washington Railroad
Navigation company vs. School Dis
trict No. 25, Morrow' county et al
pppellnts; ppel from Morrowj suit
to enjoin school district" from enter
ing nto a contrct to build a school
house in the district; opinion by Jus
tice Burnett; appeal dismissed.
J. H. Seaward, appellant, vsl Mal
heur Drainage district;, appeal, trohx
Malheur; appeal from assessment
levied In connection with the forma
tion of an irrigation district; opinion
by Justice Hurnett; appeal dismissed.
. C. A. MCargar et al vs. U M.
Moore. & Co.'. defendants, and the Il
linois surety company, appellant;
heard on motion to nMax costs; mo
tion denied.
V.. W. Kenney vs. It. L. Sabin. In
dividually and as receiver and trus
tee, appellant; appl rrom Mult
nomah; petition for le-bearing; opin
ion by Justice Bean, modifying for
mer j!ere.
S. V. Swan vs. William Jones. ai
pHantl appeal from Harney; action
for conversion of personal proierty;
opinion try Justice McCaraant. judg
ment 6fJudge Hires reversed and
cae rejnSTHled. f ,
Warm Springs Irrigation district
vs. PacIficIJvestoek company, ap
pellant; appeal frni Hakeri' suit to
collect attorneys fees; opinion, by
Justice Ilean, Circuit Judge Anderson
af f irmed.
- T. H. Craig vs. Crystal Itealty com
pany, appellant; appeal from Mal
henr; suit to foreclose alleged liens
for cearing and improving land;
opinion by Justice Moore, Circuit
Judge Riggs afriimed.
Oscar Schriber vs. CJw. Crltman et
al. appellants: appeal from Morrow;
suit to foreclose mortgage; opinion
by Justice Hurnett, Circuit Jpdge
Phelps affirmed.
Wealthy iiedintfled v. John P.
Hedingfieid. apiellant: appeal from
Wallowa; suit over custody of minor
child awarded to mother in divorce
proceedings: opinion by Justice Hen
son, Circuit Court Judge Knowles
affirmed. , . '
Noah Frederick et al, vs. F. II.
Sherman et al. appellants;, appeal
from Mutnomah; action to recover
money; .opinion by Justice .Benson,
Circuit JudgeiOatens reversed.
First NationVl Bank of St. Johns,
appellant, vs. Multnomah State Hank,
et al:! anneal from Multnomah: pe
tition for rehearing denied.- i
Davis V8. First National Bank cf
Albany; motion to recall mandate
denied.. , r
KIGHTT-KIOHT IS ONE GRAVE
THE HAGUE. May 28. Eighty
eight of the persons who were killed
when the British air squadron raid
ed Cologne on May 18 were buried
in the same grave, according to Les
Nouvelles. The correspondent of the
newspaper says the Inhabitants of the
city are -panic-stricken. -
DIMES TAKE
PART IN BATTLE
IN CATiIP TRENCH
American Lake Troops Mow
Down Army of Artificial
Hans in Night Attack
U. S. EFFICIENCY SHOWN
Spotlights Played on Field to
Represent Star Shells Show
Up Targets
B00TERY WILL BE CLOSED ALL DAY THURSDAY
AT LOW; GUT
PR
CE
We are maintaining oar special low prices on our Pumps, etc. You can buy a nice
comfortable summer hoe at prices way b elow present manufacturers' cost Many
broken lines are less than one half of the cost of production at the present' time
but they must go. .
A lot of splendid Pumps, all leath- C QT
ers up to $4.00 grades- at ... ' , . T . . .
1.65
A lot of splendid Pumps, all leath
ers up to $4,50 grades at. ....... .
Other lots at $1.73, $2.45, $2.65, $2.89, $2.95 up to.....:....;
ALSO OXFOEDS TJP TO DATE
A lot of splendid Pumps, all leath-C 1 QC
ers up to $5.00 grades at . . . v
A lot of splendid Pumps, all leath- O 1 tf
ers up to $5.00 grades at. c-lo
, ....$3.95 t
Patent Qxfords. ..... : $4.50
The very newest lasts
patterns, very stylish.
and
Brown Oxfords. $5.00
Brown Calf, up-to-date style,
l military heels. A bargain.
Black Kid Oxfords. .. .$4.50
Beautiful late designs, long
toe, very choice.
White Fabric Oxford. . . ...... . .v. .$3.35
A fine weave, white fabric Oxford, turned
sole and covered military heel3, new lasts.
Very light, cool and summery.
Black Kid Oxfords. ... .$5.00
Fine soft kid, light turned soles,, military
heels, a very swell and easy fitting Oxford.
And Men's Shoes of every description at Hard Times Prices.
Shoes f or the Kiddies
We make a specialty of our. Children Department and "Correct Fitting
slogan. ' . r . : -.v-,- : .
is our
i
I
For play use these canya3
shoes, leather soles, lace
staffers sizes & to 11 at
$13. In 5 to 8 at ... . $18
Smoke Elk Skuf f ers, nice,
easy, splendid wear, 12 to 2,
$3.29; 8 to 11 at $2.89 and 5
to8at... ....... ....,$253
Baby Service Shoesr in Black
Kid. turned soles, size 2 to 5,
no heel,. . ..... .... . .95c
Spring Heel 99c
Fine for every day wear.
In 8Mj to 11 at $2.55. In Patent Button White Cloth Top, 5 to 8, $1.80. 2 to
5, $1.49i ; -
Misses and Children's Black Kid, White Cloth top in lace, sizes 12 to 2, $2.93
Boys and Youths in all kinds, sizes and prices. Buy now while you can save the $$
., , . . . . .
Come in and look over our bargains. We have shoes to satisfy.
167 North Commercial Street
Salem, Oregon
CAMP LEWIS. Wash.. May 28
If the soldiers of the 91st division
shoot one-tenth as well when they
Ret Into the first line trenches in
France as they do at target practice,
they will be able to account Tor every
man In a Hun army outnumbering
them ten times when the Germans
come over the top.
This statement is no mere boast
but is a matter of cold calculation
from a field officer on the basis of
the showing made by organizations
of the division in practice night fir
ing on the 200-yard target range.
It was the turn of the 316th engi
neers last night and The Associated
Press correspondent was permitted
to witness the practice.
Two hundred yards from the Am
erican trenches Was the German line,
hidden somewhere In the darkness.
A huge electric searchlight, design
ed to simulate effect of star shells In
spreading a glow over No Man'a land
played for five seconds on a sector
of the German trenches where a pla
toon of Germans represented, by tar
gets stood out against a background
or Inky darkness. For five seconds
the targets remained in view and l
that time, five rounds were , fired
from sixteen men in a designated
section of the American trench. Then
another German platoon was brought
into the range of the searchlight
ana anotner group of soldiers Tired
five rounds. And so one nntil each
platoon of the whole . regiment bad
its turn at the-enemy.
Average la High.
- The average of direct . hits was
nine out of a possible sixteen, tn
correspondent was told. Some or
ganizations have made as high as 12
and this after but two nights on the
range.
It was explained to - the corres
pondent, that it would take the Ger
mans two minute to cover the 200
yards between the two lines-of the
trenches. ' The rifles have a capacity
of ten rounds In 30 seconds, or 40
for the period of. time necessary for
the Germans to reach the 'American
line. Taking Into .account the in
creased accuracy of fire as the range
shortens, officers say that the Camp
Lewis soldiers will be able to pre
vent a force ten times their size
but one-tenth as well as they have
on the range with but two nights'
practice.
But the. value of night firing In
the training of troops is more than
practice In markmanship. Its chief
purpose is to accustom the soldiers
to work together In the darkness
and to train the on-commisioned
officers in the handling- of men un
der adverse conditions. ;
Ilattle Iteglns at Dark.
It was hardly, dusk when the men
reached the range and they wer
gathered in groups, singing, joking
or smoking the familiar cigarette as
they waited for darkness to swallow
up the German trenches marked
plainly with the target numerals.
Then only a red light was visible
across No Man's land and soon the
huge searchlight played up and dowp
the line, exposing In view the tar
gets, representing German troops 1b
kneeling posture. . ' ,
At a signal the lights disappeared
and then showed again. There were
bursts of flame from all along th
line. Little clouds of dust In No
Man's land revealed the first round
short ot its mark, but the later spurt
of dust were at the top of the enemy
trenches and before the fire seconds
had passed, the bullets had found
their mark.
There were sharp commands and
the soldiers sprang from the trench
es to be followed ,by another wave
of men.
It was almost like battle for the
soldiers and happy cries of "I got
him that time" could be heard above
the staccato of rifle fire.
More Men Keee!vel.
Three thousand four hundred and
twenty-six men had been received
into the national army at 6 o'clock
tonight In the blgfest day of the Mar
drart and 1582 others due before
midnight should bring the total for
the day to 5008. Delay of special
trains brought In several hundred
from Minnesota and the IHkotas in
the early hours of this morning ana
there was no sleep last night for the
personnel of the receiving station,
which checked up the men and sent
them on to their training battalions
as rapidly as they could be handled.
Chester T. Raymond, connecxeo
with a Portland bank, has come to
Camn Lewis as building secretary ot
Y. M. C. A. hut No. 5. succeeaing
Fred Witham, designated for over
seas service.
E. W. Oliver of Los Angeles, sec
retary of T. 8. has been assigned to
take rharte of Y. M. C. A work with
the Incoming draft men and depart
inr troos trains during the absence
nf Tnm ravl nf ROtte. Mont.. wfaO
left today for New York for tempor
ary duty in the Industrial branch.
SCARLET WOMEN'.
MAY BE PETO
Attorney General Gregory
Wants State to Co-operate
in Control
Federal Attorney General Gregory
has been advised by Secretary Good
lag of the state board of control that
the state will co-operate ; with the
government fn the disposal of men of
lad repute who ore living in the
neighborhood of aimy camps by con
fining a number of them, limited to
15. In the state school for the feeble
minded. They will not be accepted,
however, unless It can be shtown that
they are residents of the atate. Other
women, residents of the state, who
may be classed as Insane will be tak
en care of at the state hospital for
the Insane, or any who are afflicted
with disease growing out of the soc
ial evil must be sent to Kelly's butte,
the attorney general Is Informed.
The question has been brought to
the state board's attention by a
printed circular sent by. Attorney
General Gregory to Dr. J. N. Smith,
superintendent of the school for the
feeble-minded, who has submitted It
to Secretary Goodln. The circular
mentions a recent enactment of con
gress providing Jail sentence for wo
men arrested for plying their trade
about army encampments and says
that a na ruber of thoso already an.
rested are In the feeble-minded cla.
.wuue tuners are aniieted with, di
eases of different kinds.
so.Mjrniixa missixg, -
- Speaking at a dinner Senator Don
can U. Fletcher of Florida referred
to the difficulties that the book agent
has to contend withr and ; told the
following story as an example:
?S6me time ago a book agent-vent
to a country house with a dictionary
he had to sell and, after eloquently
exploiting Its many virtues, he hand
ed It to the woman who answered
his ring for Inspection. Carefully she
turned every page.
"I don't want it, young man." she
finally said In a decided voice, hand
ing the dictionary back. "Yon need
not think that yon can work off
book like that on me.
i "L dont quite understand, ma
dame." was the perplexed rejoinder
of the agent. WThat Is the matter
with It?"
i "It's not all there, that's what's
the matter with it." declared the
Vman. "It halnt got no Index."
Philadelphia Telegraph. '
Conditions resulting from the war
have drawn women into the loneliest
American occupation, that of herding
sheep on the great ranges In remote
sections of Wyoming and the neigh
boring states.
A course to fit women for tracers
in eneineers offices will be given by
the Univet6ity of Michigan this sum
mer. ..,) .
S
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Where Shopping Is a Pleasure.
SUPREME COURT
RULES CHANGED
-
Amendments Are Announced
After Report Made by Jus
tice McCamant
: Several amendments to the rules
of the Oregon supreme court have
been adopted-and were announced ty
the coutt yesterday. Justicf Wallace
McCamant was appointed a commit-
tee to submit proposed amendments
and the changes are made by an ad
option of his report. The court rules
are printed in the 56th Oregon Re
ports and as amended will be printed
in the 88th Qreron Reports. Ref
erences made In Justice MrCamant's
report are to the pamphyet copy ot
the rules.
Among Important changes la -an
elimination at the close or rule 3
of the necessity of printing Mils of
exception In abstracts when the mills
of exception are in typewritten form.
Cutting off of expense ! the purpose
of this elimination. After the word
"evidence" in the first line of cage
the following sentence is added:
"It shall not be necessary to at
tach the exhibits to t bill or ex
ceptions, but the exhibits must be
identified by the certificates or the
trla Judge."
In lien or the last sentence of rule
10 the following is inserted:
"The ' brief shall also contain
reneral statement of so much of the
facts as shall be material and. rele
vant to the questions raised by the
appeal. Cither In the statement or
facts or in the argument the brier
shall clearlr point out the evidence
relied on with appropriate reference
by page to the bill or exceptions or
the transcript and to any exhibits
which are material. unlW the evi
dence be printed or specified in ap
pellant's brief as required by this
rule the court will not notice assign
ments or error which are based on
the evidence. The evidence may h
printed either in narrative form or
In the language of the bill of ex
ceptions or transcript In eltner
event it shan he accompanied by
proper references to the pages of the
record on which it is found.
The briefs shall avoid unneces
sary repetition either of facts or of
argument." '
After the word "rendered" In the
firth line from the bottom or page
9 the following is inserted:
"If the cause was tried by the
court the findings should be set out
in like manner."
The last paragraph or rule 11 a
follows is stricken out:
"When the evidence is brought np.
it need not be.Vrinted in the abs
tract: and only such portions la tha
brief as counsel desire to place spe
cial emphasis upon.
In lieu or rule 14 the following i
anhfttitnted
"The clerk shal i file one copy of
each abstract and brief In his ofrice.
he shall furnish an additional copr
te each Justice of the supreme court
to the itporter, to the Supreme Court
Library and to the Multnomah Law
"Library" i
TheVollowing language at the con-,!
ciuston or rule l is stricken out:
"and . if in either case it appear to
the satisfaction of the court that tO
appeal was taken for delay only, mar
recover such damages as the court
shall order"
The following is substituted for
rule II:
"Unless otherwise ordered prior to
the beginning of the argument, not
more than two hours can be employ
ed In the argument of a case. One
houv of this time belongs to appel
lants and may be divided by them
as they see fit between the opening
and closing arguments. The renam
ing hour belongs to respoadenta."
After the word "Sftply" on the sec
ond line from the bottom or par'
12, In rule 23. the following is in
serted: "Seven copies of motions to dis
miss and of argumenta La, support
and In opposition therete shall 1
furnished."
In the ninth line or rule 25. "sev
en" Is substituted for "five."
Order Your Groceries
TODAY
OUR STORE CLOSES ALL DAY THURSDAY
. ' . .
Memorial Day Specials
EXTRA FANCY CLARK SEEDING STRAWBERRIES
2 for 25c
CALIFORNIA SEEDLESS GRAPE FRUIT
4 for 25c . '
RIVERBY ASPARAGUS, per pound .15s
SPECIAL WARD'S ORANGES.. 40c
Delicatessen Department
. BLUE HILL CHTT.T.rP., PIMENTO and CREAI
CHEESE; -FANCY TILLAMOOK: and CHEDDAR
CHEESE; MARION SWISS STYLE CHEESE ; WISCON
SIN SWISS CHEESE.
OLIVES, SPECIAL STUFFED OLIVES 20c
GREEN OLIVES.... 20c25c, 40c
- EHMAN SPECIAL RIPE OLIVES. .35c
LARGE JARS... 65c
FANCY DILL PICKLES, per dozen ...20c
COTTAGfE CHEESE v.-.... 20c
HAM, DRIED BEEF and MINCED HAM.
F)resh Roasted Coffee
. GEM. BLEND girts ih Satisfaction that xaakes it The
" . Leading Selling Coffee. Ia Salem you pay for No Tin.
Erery Cent of it goes into quality, 3 pounds for. . . .$1.00
A Handsome Cup and Saucer with each $1.00 Package.
Roth Grocery Co.
luff
fir T-f1"
"BLUE BONNETS jt Km FUrtc mM Ft.
LXSKZa WKTTMAJI A CO. Im,a41
a- -