H
J
BERRY -(MS:
BEING TRIED
Ml
ID
Old Phez-Salem Fruit Union
Cases Have Right of Way
!in Circuit Court
THE OREGON STATESMAN, SALEM, OREGON
and on Korember 7 was elected to
serve hU ninth term in that body,
where he U now serving on the
major committee on ways and
meant.
This will be the last public ap
pearance of "Mr. Hawley la the
state for some months as he plan
to leave Portland early Wednes
day morilng for Washington,
D. C to attend the special ses
sion of congress called for Novem
ber 20, 1922.
TUESDAY MORNING, NOVEMBER, 14, 1922
The Phet-Salem s Fruit onion
. ease are-holding -the right of
way in the circuit court this
week On Monday the plaintiffs
presented their case "with several
witnesses and reated, while the
defense started, 1n on the presen
tation of testimony. Two wit
nesses for the defense were heard
Monday. '. ' -
It H Uttlclpated , that the case
"will last several days. It might
not be finished this week, though
It is generally believed .that it
will be , Dt not longer than a
week's duration.
DebatUl Witness Coming
The plaintiffs will have their
witnesses for rebuttal by Wed
fcwday morning. Yesterday they
wired for Frank Schmidt, one of
the old Phes company officers,
who is now in San Francisco, to
como at once, to be readf with
his rebuttal testimony.
The ease represents many in
teresting legal phases. The first
sultJbrought by the Phez com
pany against the Balem Fruit
union and Us individual stock
holders, for alleged breach of
contract and for failure to deliver,
loganberries under their contract,
was won by the plaintiffs as to
the. Salem Fruit union. The low
er court," -however sustained , a
demurrer a to the sufficiency of
the 'evidence to bind the individ
ual stockholders, . while allowing
the ease - to be tried against thr
Salem Fruit union.
f Origlnlal Case Appealed -''
This case went on to a verdict
for The Phes company against the
fruit union. The case was ap
f pealed to the supreme court and
the Judgment was affirmed, mak
ing It valid - against the - union
. property. The total assets of the
wIon h(jwever are- understood
to be f ar less than the amount
. of the r claimsomething .like
, $75,000, whereas the full claim
was for four times that sum. The
. plaintiffs, therefore,! not 1 seeing
any possibility of collecting itheir
Judgment, 1 appealed to the u-
preme court tor a ruling on the
validity of the demurrer that juid
exonerated the individual stock
holders of Che -.union .; from - re
sponsibility. .The supreme eourt
reversed the decision of the lower
- court and called for a retrial with
the individual stockholders at de
fendants. -This Is the matter that
is now being tried. -
?ew Trial Vital .
V It is understood that the Judg
ment stands and is final a td the
fruit union, with all Its holdings
to be credited on the amount of
the judgment. This new trial of
the stockholders will determine
whether' The Fhex company can
make up the , rest of ita claim
from the loganberry growers
whom they claim benefited by the
. violation of the old sales con
tracts. The case has two courts
to run through, the icircult nd
the supreme court. The - supreme
court decision does not say or In
tlmate that the Individual stock
holders are "ruilty," but merely
that , (hey should tight It out in
court and determine the case on
7 the evidence, i. V . .;
Berlin Students Without
Lodgings at University
BERLIN, Nov. 6. Hundreds
of students attending the Univer
sity of Berlin are without lodg
ings, according to the rector of
the institution, who has issued
an appeal to citizens of Berlin to
take in the homeless young men
who have gathered here to attend
the fall term.
The enrollment at universities
in Germany this year has reached
total of 90,000, the highest
since shortly after the armistice.
Forty thousand; students last
summer engaged in manual labor
to meet their living expenses.
15,000 of them finding employ
ment as miners.
EXHAUSTED FROM GRIPPE
COUGH
La grippe coughs rack and tear
the sufferer to a state of exhaus
tion. "Would get completely ex
hausted from violent grippe
coughs," writes It. G. Collins,
Barnegat, N. J. "Tried Foley's
Honey and Tar and 1 the cougfi
ceased entirely." Used by three
generations for coughs, colds and
croup, throat, chest and bronchial
rrltation. Foley's Honey and Tar
has stood the test of time. Con
tain no opiates ingredients
printed on the wrapper!' Largest
selling cough medicine in the
vorld. Sold everywhere. Adv.
HOT TO 8E CUT
General White Receives Let
ter from Weeks Explain
ing Federal Policy
allotted some additional Infantry I spent Friday and Saturday with
w r.nn nf such failure of other her sister. airs, h. . tarpeme..
Miss AiaDie uuncan spem uc-
day night in Salem with friends.
Mrs. H. B. Carpenter spent
Sunday and Monday In Portland
rnn. ia distributed in 20 visitine her friend. Mrs. J. C. Bay,
mrm .w-u ' I '
Oregon cities and twelve counties
During the past two years .these
citizen soldiers have brought over
TURNER NEWS
western states and complete an
entire additional regiment if au
thorized, as well as additional
coast an dfield artillery. Our
TURNER. Ore.. Nor. H. Wil
liam Steel is very sick - at hte
home.
The Turner-Marion road is re-
Leonard Zielke has purchase4 eiving a coat of fine gravel.
, . . r - . - . v M,
a t orason tractor. i Mrs. a. i. -eai nas wen iu --
Several friends gathered ana tendance at the Portland stock
s i 25,000 iu federal military funds surprised Miss Emma Higgins on 'sn0W.
into tha state. So, in addition to her birthday Monaay.
be'ne a Eood builder of sound citi- Mrs. P. A. Henningsen gave a
tenship, the national guard la a party for her Sunday school class
payroll industry in one sense. If Saturday afternoon at the social
some other states fail to keep hall of the church
Mrs. J. W .Thomas i3 visiting
r-itinnal Hofpnre art. then Oreeon I with her sinter at Detroit. Ore.
war department to reduce present ,,,- t t,k ,1D thelr .hortcom- w. E- Barnett has rented the
national guard allotments to the ln, and nrofit thereby. We are farm beloneinsr to Mrs. Julia
states, or any plan to upset pres- already assured of the allotments iHenningser,
Denial of reDorts that there ia
any intenUon on the part of the M' "" .
SCOTTS MILLS, Ore., Nov. 11
Mr. and Mrs. S. M. Bennett
were in Portland Tuesday on bus
iness
Mr. and Mrs. H. E. Magee wer9
Salem visitors .Monday
Harry Shields left for Portland
Tuesday where he expects to
spend the winter.
J. Amundson and Mr. and Mr
Albert Rich went to Eugene Fri
day where they expect to spend
Evidence on Phone Case
...
Heard oy Federal Judges
PORTLAND, Nov. 13. Three
federal judges began to hear evi
dence on the contention of the
Pacific Telephone and Telegraph
company that the recent emergen
cy reduction In rates ordered by
ine Public; Service Commission is
unconstitutional.
The company seeks to prevent
the redaction on grounds that it
Is a Confiscation of nronertv
Judges' Gilbert, Wolverton and
Bean . listened to affidavits from
several company officials stating
mai increase in costs had more
than 'equalled thej growth ,' of
rates ; - ' . - V .
SCOTTS MILLS
ent regulations affecting the na- .of threj additional units,
tional guard as the mainstay of J
the first line for national land de
fence is made in a letter from j
Secretary of War Weeks to Brig
adier-General George A. White,
head of the Qregon national
guard.
Widespread reports that sweep
ing changes were under considera
tion affecting the national juard
of the United States were under
consideration affecting the nation
al guard of the United States
were caused by the action of the
war secretary in calling for a
board of officers to sit in Wash
ington thU month for the purpose
of revising allotments, the letter
states. The real mission of this
board, with which General White
is Invited to sit, is merely to re
arrange allotments, if necessary,
where states are not able to meet
their obligations under the na
tional defence act.
' "An impression seems to pre
vail in some quarters," the letter
says, "that the' contemplated
study of national guard strength
together with related questions of
allotment of units to the national
guard component of the army of
the United States implies an in
tention on the part of the war de
partment to make general changes
of a disconcerting nature in th'e
structure of the present national
guard organizations which have
been ! allotted to and built up by
tbe states. This is not the case
and In order to allay any 'uneasi
ness in this connection, it is desir
able that you be so informed."
That the revision of future al
lotments of companies will bene
fit Oregon, was the opinion ex
pressed by General White.
"Oregon has raised Its entire
quota of national guard troops to
date," he said, "and is able to es
tablish as many additional units
as may be assigned by reason of
the failure of other western states
to maintain units at the required
state, of. efficiency. We have been
1
Mrs. Julia Henningsen has
moved to her new home which
she recently purchased from GuJt
Heyden.
The beautiful Collie dog be
longing to Paul Johnston died
from distemper last week.
Rev. Mr. and Mrs. McAbee have
moved into the hofise recently oc
cupied by Mrs. A. G. Haliin.
Gust Heyden has just finished
harvesting a large crop of corn.
J. P. Blankenship is recovering-
from a severe attack of grip.
Armor Plated
George Ade, the humorous
k .v..nii wh their daughter Philosopher, was discussing the
o i , I .
Mrs. Sam Thomas and daughter
are sick with grip.
J. N. Duncan and wife were in
Turner. Tuesday.
The frwhrnan class cave a
party at the high school building
Tuesday evening.
Miss Gayette Davis will spend
the week-end at the H. R. Bars-
ford home In Salem.
Mr. and Mrs. B. E. Bear of Mill
Creek, Ind., are visiting their son.
Charles and family. Mrs. Ora
Bear returning at the same time
from her extended visit in the
east.
Mrs. H. L. Earl and Mrs. 0.
R. Robertson were shopping in
Salem on Tuesday.
The W.C.T.U. will meet next
Wednesday with Mrs. George
Moore.
Mrs. George Morris is enter
taining her sister Mrs. Eber Cor
nelius of Colfax, Wash.
Mrs. Theissen spent Tuesday in
Portland. I
Mrs. Fnlkersoa visited the school
Thursday.
Harvey Lindsay Is visiting Mr.
and Mrs. W. D. Horner. -
Floyd Gray nas gone to
dale where he expects to purchase
a dairy farm.
Adolph Gesner attended the In
ternational Stock Show in Port
land. Mr. and Mrs. A. W. Binegar
have disposed of their Crooked
Finger property and purchased
part of the D. A. Harris farm.
A family dinner and reunion
were enioved at the D. A. Harris
home Sunday. All the children
and their families were present.
Those present were Mr. and Mrs.
D. A. Harris, Mr. and Mrs. A. W.
Binegar, Mr. and Mr. M. M.
Magee and daughters Margaret
and Hazel, all of this place: Miss
Hazel Harris of Portland, and Mr
and Mrs. A. L. Baker and Frank
Harris of Mill City.
who is attending school there.
Allan Bellinger and Franklin
Shepherd were In Portland Wed
nesday attending the stock show.
Frank Arnold who was oper
ated on at a Portland hospital a
few days ago is reported as get
ting along welL
T. J. Moloy has gone to Port
land where he expects to work
this winter. .
Mr. and Mrs. John Waibel and
daughter Marion and Ray Teller
made a trip to Slletz Wednesday.
E. Plas and sons John and Ver
non were in Salem Wednsday on
business. -
Miss Clara Larson pent the
Week-end with hei parents in
Sllverton.
J. R. Payne- spent the week-end
with his family in Salem.
modern girl at the Chicago Ath
letic club.
"She is an athlete, certainly."
he said "a hale; hearty, open
air creature and yet you can't
kiss her without running the risk
of painter's colic."
RICKEY
' Mr. and Mrs. Murphy and Mr.
and Mrs. Bud Long of Portland
were guests of Mr. and Mrs. L. D.
Dickman last Sunday.
County School Superintendent
YOUR DOLLAR WANTED
BY THE RED CROSS
(Continued from page 1.)
-
these ills as it treats the ills of
the body.
Sympathy Also Needed
The Red Cross roll call, now
ready to go on for the support
of the organization during the
year to come, calls for your sym
pathy backed by your money. It's
a golden Investment in good
deeds, an insurance policy for
self respect, a pleasure in good
citizenship.
When they call for your Red
Cross contribution, be sure , to
have it ready,
bring it in. -
Or, better "ye
(BMW
Fortify the system
against Colds, Grip
and Influenza by
taking
Lmxattvm
n
i
(wwinimo
w '. - ,r- v i .
T. V
t abltts
which destroy germs, act as a
tonic laxative, and keep the sys
tem ia condition to throw o3
attack of Colds, Grip and la
taenia.: ' -
Be sure you get
mm.
The genuine bear this signature ,
Price 30c, V
LIVESLEY NEWS
LIVESLET, Ore., Nov. 11.
The G. T. club met at the home
of Mrs. Fred J. Lainson in Salem
for the first meeting of the year.
last Thursday.
A number of Livesley folks.at-i'
tended! the convention at Halls
Ferry last Sunday.
Mr. A. G. Haliin moved to her,
home in Salem last week.
Mrs. W. A. Burns and family
II
Congressman Hayvley Will ;
: Be . Club Speaker Tonight
- The Salem Six O'clock club will
hold Us first supper for this sea
son In the Sunday school room of
the First Methodist Episcopal
church this evening between 0 and;
8 o'clock, with Congressman W,'
C. Hawley-scheduled to give the
principal address.'
The membership of the club is
non-sectarian and Is so: elastic as
to include all men of Salem and
vicinity interested In good fellow
ship. All men are Invited whether
previously members of the club or
. not.i ' '; ' ".:
. C P. Bishop will Introduce the
speaker of the evening and It is
understood that Representative
Hawley will discuss the public
service. '' He has been a member
of. the national house of Repre
sentatives since : March .4. .1307.
Press
uoods
Popular Prices
.. -.- r
oo men hk ropuns, ail coipw, ya....ysc i mv.
361 inch Black Talfcb, yd. $1.49 I Mtf?A P,
36incBlackMei$aUne:Vd...; $1.49 1 KlWJ MW
4M mch WKPe UeXtoe, 3rd. ......,1:38 XlT)j&&m
-mw wwMUy J . 4fr w I YlT I VXj; i
40 inth SaHn Fared Canton Crenp 1 fvl)
yd. $2.98
40 inch Black Channelise, yd. .$2.75
36 inch Cardinal Red Serge, all wool, yd. .....$1.25
50 inch AU Wool Stonn Serge, yd $1.75
56 inch All Wool French Serge, yd. $2.25
54 inch All Wool TricoUne, yd. $2.98
54 inch AU ;Wool Poiret TwiU, yd. ......$3.45
.42 inch All Wool Poplin, yd. $1.98
36 inch Half Wool Tricptine, yd....... 98c
36 inch Half Wool Serge ... 65c
58 inchPart; Wool Grey Shirting, yd ... $1.19
GALE. & COMPANY '
f : . Commercial and Court Streets
9
if l.T
H
45S Court SI.
J Phones-
! v58
.257
mo
CERIES
BEST SERVICE
Come To Our Store This Week
nd, Jet us show you samples. of our canned goods which we
hav nw opert for jrur inspection. Let us 1dl you of our
very attractive proposition this week only. -
RIGHT PRICES
3C
......SERVICE.....
MA
DEPENDABLE
Phone C. O. D. Orders 186-198
These Are Our Regular Everyday Prices
See Our Special Money-Saving Prices
We believe
all advertising
manufacturer.
our customers are entitled
allowances given us by; the
We auarantee our reaulnp
prices to be the lowest in the Northwest
quality considered.
REGULAR PRICES
Breakfast Foods
Large pkg. Albers Oats, reg.
1 pkg. 26c, two for 49c
10 lb. sack Peacock Rolled
Oats, 1 sack 47c, two for 90c
Shredded Wheat, 2 for ;".25c
4 for 48c
Kellogg's Corn Flakes, pkg.
10c, 3 for ..28c
Puffed Wheat 13c
2 for .....25c
Ralston's Bran . lJc
2 for ... 32c
H. 0. Oats, 19c, 2 for 35c
Crown Oats 26c, 2 for 49c
Roman Meal 35c, 2 for 67c
Large pkg. Pearls of Wheat 29c
2 for 55c
10 lb. sk. Olympic Pancake
Flour 69c, 2 for ... . $L22
Postum, large Instant 45c
2 for 85c
Postum Cereal r 23c
2 for .... ..43c
Small Instant 26c, 2 for....49c
Flour
Vim, regular price .....$1.85
Crown, reg. price .$1.85
Diamond C Family ...!....$ 1.40
Tree Tea, black or green, y2 lb.
29c, 1 lb. 52c
Golden Gate Tea, lb 30c
1 lb, .... 52c
Sugar, 25 lbs $1.85
j Alaska Salmon, 2 cans 25c
4 cans ; 47c
Columbia River Chinook Sal
mon, 1 lb. can 33c
.2 cans ftlc
Canned Goods
Golden Bantam Corn, 1 can 25c
Beans .$1.30
Del Monte Corn, 1 can .20c
Scans $1.02
Lily of Valley torn ..25c
2 cans for ...45c
Royal Club Peas, 1 can Sjlc
6 cans ......... ......:..$1.20
Del Monte Peas, can . ,.20c
6 cans ... ...... .........;r..$1.05
Allowance i from factory 4 for
Special Tuesday, Wednesday
and ThursdayItems Listed
Below.
10 Crystal White Soap and
1 bar Cream Oil 49c ;
Fancy Utah Canned Tomatoes
regular price 20, special 2
for 29c
Canned Hominy, large white '
grains, special per can 12c
Vj gal Wesson Oil, regular
price 98c, special 90c
We believe flour will be 20c per
sack higher in a very short time.
The specials listed b this ad is
to advertise these commodities
and for quick sales.
ewemtuajlLy