The Oregon statesman. (Salem, Or.) 1916-1980, October 29, 1921, Page 8, Image 8

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Action Against Executor of
Pittock Estate Remand
ed to Lower Court
F. W. Leadbetter, as petition
er and appellant, in an action
againxt O. i. Price, as executor
of the estate of the late II. L.
Pittock, was upheld by the su
preme court yesterday in an opin
ion 1y VThief Justice Burnett,
Which reverses Judge George Taz
well of the lower court for Mult
nomah county and remands the
To quote from the opinion,
Leadbetter "asserts that he and
the deceased were partners, hold
ing na Kuch some shares of stock
In certain corporations, and sun
dry trad a of real estate, and that
the executor of Pittock's will has
listed as the Individual property
of tho decedent only one-half of
those properties, both real and
personal, of the partnership, Ig
noring the other moiety, and pro
pose?, tVnell part "of the partner
ship estate."
Piirtnershfp) In Question . .
The bf.inion' holds that essenti
al' the isuua in whether there?
was a partnership existing be
tween Pittock t-nd Load better at
th time of the former's death.
The care was presented to th.J j
circuit court on the pleadings on j
the miestion of whether "that court i
had iurisdiction. and that waa' alJiif they were tennants in common
fo the form of the issue as pre-of certain realty, (he executor has
Rented to the supreme court. The
" , ,1 M.J.I J , 4
courti er Muitnoman coantyi n
is heild that the lower court has j
jurisdiction" to decide Hall ques-
fonsf presented. I 1
j . Hint Is fJiven
In ! coricliifii ;u i th- opinion of-
fers be lowr-r court the? hint that
if indeed Pittock owned, so many
shares of stock in lws own risht.
and j Iad better owned certain
other shares in Bis own right, the
exceptor has no bu?in?ss with the
holdiPKS of the latter. Likewise
decision of the lower court wa
against the petitioner and he ap
pealed. The supreme court does not de
cide whether a partnership actu
ally exists, leaving that to be de
termined by the lower court, but
the opinion today holds that the
lower court has jurisdiction in the
Full JuritfcjH'tfon Accorded
"(rn questionably," says? the
opinion, '"a surviving .partner, if
thers Is one, has a right to have
the partnership estate properly
administered according to the
statutory formula, in connection
with the estate of the deceased
partner. The suestion to be de
termined is whether or. not that
can be adjudicated In the circuit
Lints, and
- . . . . JII! I'd.. ,
no rgoi ... "v Scttlf town, appellant
JOnfc'Wf; UJ Lrrauin-un, win id 1-imi- j
eerned only with the undivided '
shart of Pittock." j
Opinions were handed down j
yesterday out of regular sched- j
ule in preparation for the court's j
leaving for rendition, j
Other opinions were handed !
dov,'ri as follows:-
G. I Grant vs. State industrial ac-
c ideal commission, appellant; ap-j
peal from Multnomah county; j
suit jto collect compensation, tin- I
der Workmen's compensation act. j
Opinfon by Justice Harris. Judge j
W. ri. Gateiis affirmed.
wj K. fcileby vs. Adelainc R. !
WilHjs. appellant; appeal from)
Multpomah county; suit by mo- j
lion "picture director to collect on
services rendered for an author
of photo playa. Opinion by Ju3- nrnPTn IT Mil 111
srsr- JuJseF 51 C3,ktotHtblblnflllUiil Ur
State of Oregon on relation of j
J. O. Eriekson, district attorney.!
of Clat.;op county vs. Georpre W. j
Sanborn al, appellants; ap
peal from Cif.tsop county; quo
warranto action thallenginjr right
of definuuiit to hold office of j
civie'eenter commissioner in As
toria. Opinion by Justice Bean.
Jndj?e J- A. F'akin reversed and j
cas remanded. j
R. H. Catly vs Bay City Land
company. deiendant, and Solon j
appeal from :
Tillamook county. Petition fur
rehearing denied by Chief Justice !
Burnett j
L. S. Scott et al vs. Ida A. "VVal-;
lace and G. Wf Wallace, appel-!
Bank of Commerce of '
be Dr. Edward T. Devine. arrange-
nt. hiving been made for ni
Date Not Later than
Tuesday, Says Announce
ment from Department
Announcement is made from j
the ; tate automobile registration ;
department that the registration j
of motor vehicles tor i:.22 will J
begin not later than Tuday, Jso- i
Tt-mher 1. Blank application!
tonus nave Deen mailed to aoout
Eugene, defendant; appeal from i lT.m u motor vehicle owners
' M . -5 -v
I appearance hew on
Novetaber 2.. in AVatler hall. Dr.
1 Petine is internationally known
f s on investor speaker and an
; thor of numerous books. He was
k timp nrofetver of soclalogy at
! Columbia aniver-ity d,,afrm
1 tor of The Suevey. of whu h mas
Mavt azine he is nor assot ,a!e et.iior.
noAl . , . ,,,mhr oi the eontn-
f everiil otner imfuni
H, as active uur-
Ireau of the American Red l
! in. Paris and :in PeraSTad. l or
i -i whiV ha r.etod as special agent
I for the American emba:? at, Pe-
! trorad. . , .
! ur Devine i at the present
1 tine "devot'ner ",hi attention to the
I collecting of data on social and
noiifii-rtl nroblbms.
Wffotiationi are tinder way
ile ss
' periodicals.
Lane co;mt:; suit to foreclose on.
contract. Opinion by Chief Jus
tice Burnett. Judge G. P. Skip
worth affirmed.
Catarrh is an excessive secre
tion, accompanied with chronic in
flamation, from t'no numerous
mtniiiranea. Hood's Sarsaparilla
acts on the mucous membrane
through the blood, reduces Intlam-
mation, establishes healthy action,
and radically cures all cases of
catarrh - Adv.
Cheaper than any
other store in Salem
That's our slogan, folks -and we stand back of it.
That's the corner stone we have built this business
on, consistently and constantly. Day in and day out
we work on that basis. We give values that we think
are uneqoaled. We give quality, too, and we give you
SERVICE?, qnick service, courteous service. Wo pride
ourselves on that, too, as well as the values that give
1 1 j
A New Arrival Shipment
For Saturday's Selling
. The colors are of blue, black, navy, tan, wren, red,
green a complete run of' sizes for the school girls and
ladies. Sizes 12 to 46 Saturday only.
(The Three Day Sale
Another Special for Saturday
In all the New Colors
Yes, ladies positively the greatest value that ever
came to the Capital City all wool velour Tams with
black crosgrain ribbon front piece.
25c Children's
- Stockings
In all colors of
tdack, brown,
.white; all sizes.
Special . .
75c Ladies
Silk Stockings
One big lot in all
colors and sizes;
fine quality fibre
Special . .
$1.25 Quilted
Cotton Batts
Large 6lzes 72x
90, all stitched;
white sanitary
Special . .
ldtl Snecial. . UC Rnecial.. OJt
' 1 ' ,' ."1, -. " .
Cotton Blankets
Size 76x80 in gray; white
and tan. Saturday spec-
per pair $1.49
Nashua Wool Nap
Size 66x80 colorful plaids
Bilk taped edges. Sat
urday special, $Q AO
per pair
A Sale of
Silk Charraeuse
The ! good news spread
over ttiiwn in a very short
time men from all dir- '
ections flocked to our;
great sale of men's cloth-:
ing I
1 ': pj
Gf Men's Good Clothes
If you haven't been here yet, you'd better hurry. We'-ve
got a stock amlli large selection but the eager crowds
are buying one, two and three suits for the coming season
at these low price.,
Saturday Special
- Eitra . heavy and fine quality; light,
dark, alice and medium blue, gray tan
and black, pink, yellow and other colors.
Bargain Basement
Sale of Gray
14 quart Dish Pan
v- 10 quart Water Buckets
10 quart stew Kettles
2 quart coffee Pota
and other articles
Saturday special at.
OF 10S
IS PQUND SUGAR with the purchase of $3 in
ourigroeery or dry goods or shoe department tpJL
G pounds $1 Aft 2 cans d J(-
Coffee P Apricot3 V TT
Crown Flour, 1 AO 1 large pkg Snow oo
per sack . .- Flake Soda Crackers LO
White Cap Flour, 1 7fl Mixed candies, OA
perlack ........ A.I W d
Standard Tomatoes, - M( Dry Onions, n
5 cans tXM 5 pounds , J
5 cans Armour's rr Cabbage, io
milk, tall ....... OD 1 pound J
2 c&ns Cranberries, in
Oysfers mOD 1 pound - 17
2 cans Royal fl Bananas, i n
"Ann Cherries 1 pound 1U
2 cans Off Apple3, a
Pineapple OD i box IUU
2 canfe Best Potatoes- 12 lDS- ft A
Peaches, .2 's for 25c, or 100 lb. "sk teUU
A Newly Arrived Shipment
Philippine Hand-Made Embroidered
Gowns and Envelopes . .
. I An excepfional offering of 200 hand-made Philippine gowns and
enVelopes, obtained at prices far under ordinary and grouped at this
low price, though the values are far and above those you expeet to
find at such low prices. The materials are extra fine soft quality ba
tiste and naijksopk. The designs are exqnisitely done even the $2.93
garments a re 1 elaborately patterned, as shown in sketches. Gowns in
clude high nek, round neck, and sleeveless models. Sizes 14 to 18,
t correspond ing to 31 to 44 bust). The enVelopes include both built
up and bodice styles aiaes 38 to 44.
motorcycle owners. 62j
dealers and 6500 chauffeurs.
Beginning with 1922 the license
fee on passenger cars is to be
based on the we'.cht of the vein- i the
cle With the blanks that have ! to
been sent out by tha department
wew enclosed printed schedules
of the weights of the various mod
els of the make of car that hereto
fore has been registered by each
owner if it has boen possible to
obtain these. This Is to, aid the
owner in determining the license
fee required tor his car.
"In cases where such a schedule
doe-; not aecomopany the blank ap
plications being sent out, it has
been impossible to obtain this in
formation from the manufacturers
of the particular car," says a
statnipnt from the department.
"In all such cases it will be neces
sary for the owner to ascertain
the weight of his car on a scale
which has been inspected and
sealed by the state, sealer of
weights and measures or his duly
appointed deputies. A blank cer
tificate of weight to be used by
tho owner of the scale on which
the weight of such machines is de
termined was enclosed by the sc- j
retary of state with those appli
cations in which a printed sched
ule of weights could not be furn
ished. This certificate, properly
made out. must be returned by the
owner when he returns his appli
cation accompanied by the neces
sary fee.
"In order that motor vehicle
owners may be assured of receiv
ing their 1922 license plates by
January 1 and that the congestion
of handling this enormous volume
of business may be kept at a mini
mum, owners of Jiiotor vehicles
are urged promptly to fill out
their applications and return them
with the necessary fee to this de
partment. In view of the further
fact that it is the purpose of all
peace officers, beginning January
1, to strictly enforce the license
requirements of the motor vehicle
law as they apply to 1922 licenses,
it is important that motor vehicle
owners give the matter of secur
ing their 1922 licenses immediate
other speakers to conirici"
series of which the dates w'Jl oe
announced later
A verv small sum will be
charged for admission to coyer
cost of bringing it. w.iuv
thi citv. Should mere oe .i
surplus after paying the expenses
it v be used to purchase addi
tion? 1 books fh the social science
deicrtment of Willamette university.
SHEW PAN,; Or.. Oct. 28.
Dalton Hrame is home from As
toria where he has been working
with a surveying gang.
A. J. Hewley, who has teen in
eastern Oregon and Idaho for
several 'woeks returned home
Monday night.
The Sheridan schools closed
Tuesday for the remainder of the
week so the teachers can attend
the institute at McMinnville.
Mr. and Mrs.' F. M. Arnold
came down from Portland Satur
day and are packing their house
hold goods, preparatory to mov
ing them to Portland.
I,. B Matusch, who has been
conHned to him home for several
months with the rheumatism is
again able to be out.
OYS and girls now in the schools of
Marion and Polk Counties tomor
row willi be farmers, merchants, and
professional men and women.
They should early, learn to keep ac
counts; to manage money so as to pay
expenses and leaVe a margin; to save
intelligently. -
United States National appreciates
savings accounts of children, and of-
cooperation nr teaching them the
lipitl Ultimo Ul uuuntugi y
Never Wants Anytiiins Else
The season or coughs, colds,
croup and bronchial troubles is at
hand. Every mother wl be in
terested in this letter from Mrs.
E. K. Olson, 1917 Ohio Ave., Su
perior, Wis. "I tried many dif
ferent kinds of cough medicine,
but now I never want anythinc
else than Foley's Honey and Tar
used it for ail my children wher.
I lived in Iowa abd also for mj
grandchild in Duluth, and it has
always done good work." Con
tains no opiates. Sold everywhere
neon i
Governor Issues Denial of
Rumor That He Will Take
Federal Job
Try Tills tor Indigestion.
Foley Cathartic TaDiets are Just
the thing for constipation? Their
action is wholesome and thor
oughly cleansing, without griping.
nausea or inconvenience.- Thej
banish biliousness, headache,
bloating, gas, bad breath, coated
tongue and other symptoms ol
disordered digestion. Mrs. II. J.
Marchard, 3G Lawrence street.
Salem, Mass., writes: "I used
Foley Cathartic Tablets for con
stipation with good results. I
keep them in the house." Sold
everywhere Adv.
.,!.. .1
1 v
wmsm n , n 9 f? "GROCKRIES
" Safe Place to -Trade- , , . I'
New Crop of Prunes for Shipping j
The 1921 Crop of Prunes now on the market and we
can supply the nine-pound boxesV JSMQs which is the
popular size for shipping to friends in the EastjTh,
quality of prunes is exceptionally good this yeiilrj and
you could send your eastern friends no better reminder
of the Willamette Valley than a box of these prunes-
. r $1185 nor box ' t t ',1 ",
The eccpress charges on a box of prunes is 51c to nearly
any part of the United States. I 1
Dried Loganberries ! 1 . "
Packed in five-ppund boxes, ready for shipment
I $2.10 per box ; , MS
I Delicious Apples .: ;M
These Apples are now at the best and only a few boxes. ,
left , I ' .V , -Ml U
Jumble Pack $2.25 per box; Fancy Pack $3.00 per boxj
, Extra Fancy $4.00 per box I I V
Vanderpool Apples f- f
A new variety of apples of fine color, very juicy: and
fine flavor, $1.75 per box. ; i J
Jonathan Apples $1.25 per box ; Spitzenbergs? $1.50 i
Cooking Apples $1.00. "
.! cider. , . r: i
Sweet Apple Cider fresh from the cider press, every 1
day 40c per gallon, 20c extra for container which is
returnable. .... i
A formal statement was made
yesterday by Governor Oleott tor
the purpose of setting at rest the
rumor that he contemplates re
signing as governor to accept a
federal appointment. The gover
nor said that he has no such In
tention and never has had. The
statement is taken to indicate the
governor will be a candidate for
"I regret to see rumors persist
to tho effect that I am contemplat
ing resigning as governor to ac
cept some federal position," said
Governor Oleott. "I have no such
intention in mind. In fact I pub
licly denied the rumor emphati
cally when it first was printed
some weeks ago and the denial
was published in some of the pa
pers at least. Regardless of that
fact the rumor persists. Once for
all I desire to say there is no basis
for such a rumor and there never
has been."
California Grape
Fruit, 2 for .....$ .25
Florida Grape Fruit
each : i 20
Cranberries, lb 1.. .25
Huckleberries, 20
Ground Cherries, lb. .35
Bananas, 2 lbs......J.$
Casabas, lb. ,
Tokay Grapes, lb...: J
Concord Grapes, Z
,lbs.:..L J
Cornice Pears, box! 1.50
Oranges, dozen...:.... .60
Notable Lectures Will Be
Brought to City by Wil
lamette University
Profesor C. M. Tanunzia, head
of the department or social
science at Willamette university
announced that Willamette uni
vers ty and the citizens of Salem
will be given an opoprtunity this
coming winter to hear some of
the kevnept thinkers and speakers
on the present day problems, and
A series oF community lectures
to which the public of Salem will
he welcomed is being planned.
The nten to address these meet
ings will be of high reputation as
writers and speakers brought to
the Pacific northwest with mes
sages on problems of the hoar.
wesievfoarry m
i Stranger. Than fiction'
Children's Matinee, 11 a. m.
Freckled Faced Kids Free
Spinach Greens, 2
lbs. .35
Green Peppers, lb. .15
Caulflower, large
heads, ea. 25c and .30
Swee.t Potatoes,! 4
lbs... L... .25
Rutabagas, lb J
Bvinanas, 2 lbs :
Cabbage, lb .
Turnips,- lb.
Celery ....... ... i
Celery Hearts
Lettuce .. ..
j Cakes and Pastry I
A full line of fresh cakes for Saturday, Angel, Sun
shine, Prune, Coeoanut, Mocha, Nut, Chocolate.
Mince Pies
Made from our Home Made Mince Meat. 35c each
Mince Meat 25c pound a pound for a pie
Nothing bettfer in Hams than Swift's Premium
10 to 12 pounds each, 39c pound
Sour Kraut ' J i ,
Libby's Kraut, machine cut and packed, 15c quart j .
Phones 1883-6-7 No charge for deliverer
You just can't afford to pass up these new plaid skirts i
at j -
They are the new all wool velours in the large and
small plaids as well as narrow and wide pleats.
Fashion color combinations in hlue and brown, tan and
brown, black and white
!i i ' '' ' " ' '-' ' '"
Specially Priced $4.98
Oar Pnces Always The Lowest
Commercial and Court Streets
H ;h
One of the first speakers will
i f
.1 i
1 .-4