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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Sept. 10, 1924)
0 I THE OREGON STATI!.IAW; SALEM, OREGON i WEDNESDAY MORNING, SEPTEMBER 10, 1924 1 flTTOEf FEES , Ml BIG CUT " instead of $150,000, Port- r land Lawyers Will Get Only $21,000 r ,t Coy Burnett. Edwin E. Ileck--bert and Russell E. Sewall law- yers of Portland, will receive only 2 1,00 9 in; attorney fees. Instead " of $150,000, for their service as counsel for W. Tyler Smith, near estreiation of the late Mrs- Xarlfa J. Falling, in a suit contesting her wlll. : This opinion of the state supreme court was handed down yesterday written by ; Jnsties & Brown; The lawyers demanded a "third of the estate. V Mrs.; Faling died July 5, 1917, and her estate ammounted to r ahont $500,000. On July 9, says , the record. Thomas W. Strong and .G. L.. Meal filed a purported, will, J dated August 26, 1915. naming a member of legatees who were to Jreceivei $3,000 each, the rest of the estate,; amounting . to about " $450,000, to go to Strong and t"Mea, in equal shares. They were nominated in the will as executors ;and were so appointed : Alleging that Mrs. Faling was ?ot of sound mind when this wilt was made, W. Tyler Smith. - as next of kin, instituted suit to have i the will declared invalid, and nBurnett, Heckbert and Sewall were ..hia-attorneys.; .-; -In the -course of the trial evl ;,;dence ideveloped that in 1911 ,s JJCaria Faling had made a will to which she later added six codl- cils, and that in this will the dis position . of her property was wholly) different from that of the probated. will. C Petitioners allege that upon learning of the 1911 j will assignments of certain be qufsts jmade. by that will were ex ecuted i and delivered to W. Tyler Smith, (and that on July 2, 1918. and amended petition on behalf of Smith was filed In the contest; - also on behalf of all other bene claries under the 1911 wilt ..VThrn this went to court it is said -82 days were consumed in . hear ting testimony, and the probate court sustained the will of 1915. 'An appeal was taken to the cir- euit, court where tbe trial c- copied j 50 days, and the circuit - court upheld the' probate court. " Appeal! was taken to the supreme ' court, which reversed the lower court. i ' r .. - A DOLLAR HERE buys 100 cents' worth of quality (and in many-cases" more). If you are not convinced of it after your pur chase, the money back privilege is always yours at Damon's. We want you to feel that every dollar spent here is safely invested. Look ' these convincing Values over and park at Damons today 285 feet of parking space.; ..,' . ; ; 1 : .ft f ' r .-.;'-.: t Fresh Wieners lb. 15c Snaniieiii 2 Cans for cz. Cans 0'l? Libby$, Sliced iUO Lares Siza h IN fen?' j m mm w n. i mams a Laundry, Yhits 23 Brs fcr 6o3iy Bacon no HEIIT Fresh T.lcats Gomed'B Vcnctablcs 399 N. Commercial Stroot One of the 'main beneficiaries was the Childrens home In Port land, and Justice Brown's opinion states that if feed-are paid from the funds of the estate the Chil drens' home will be the principal payer. fl ' : " : ' "We have noj power, says the opinion, "to recognizfc contingent contract that was never made by the .Childrens ' home. Moreover, a: claim such as! the claim of peti tioners for a contingent fee of one-tmra of this estate, consecrat ed to a charitable purpose, has no merit in a court of equity. In the matter of the estate of Xariffa J. Faling, deceased. On petition of Coy Burnett, Edwin E. Heckbert and Russell E. Sewall. petitioners - 'appellants, appeal from Multnomah county; petition for allowance or one-third. of the estate as. attorney ! fees. Petition allowed in part.j Opinion by Jus tice Brown..." ,j 1 Leslie S. Barnes, appellant, vs. state Industrial j accident - commis sion; appeal from Washington countyr suit for, compensation for personal Injuryjj Opinion by Jus tice Hand. Judge George R. Bag ley affirmed. t i j : J ' Wapiniton i Irrigation company, appellant, vs, Pacific Power, and Light company; appeal from Was co county ; controversy over Water rights on White river. Opinion by Justice Burnett. Appeal dis missed. . l- i ;:; . . Stephen Richards, appellant, vs. j page Investment company; appeal from Multnomah county; suit for partition of lands. Opinion by Justice Burnett . Judge Walter II. Evans affirmed.- s L j Judge Percy H. Kelly appointed to take testimony .and report find ings m the caseYgf- the Grievance committee of the State Bar asso ciation vs. Walter B Jones. William S. Card -and C. A. Les- Eard, Jr., admitted! to the bar on certificates from state of Califor nia. Caleb Jones admitted to bar on Washington certificate. Sixty applicants recently announced as having passed state bar examina tion formally admitted to the bar. Silverton Prune Harvest Is About Completed SILVERTON, Ore., Sept. 8. (Special to The Statesman) The harvest of the: prune crop at Silverton is about completed. The crop is reported very light in the Silverton district this year, most prune dryers being run ! but one shift against, the two and three shifts of former years. ' ; jThe Silverton Food Products company, a cooperative . cannery is handling no other prunes than those of stockholders. ' ... .25c . 25c ! 33c i . $1.00 . 25c - eef:::Ii:25c - ,3 for 25c , . .'Ifc23c t --- sJ PRICES Groceries mwm. If J OAS H Has Endangered the Supply i People Asked to Use : ' Economy ' :. t W. JI. Hamilton, manager of the Salem Gas plant advises that there has beciiJjtcrxiahnormal 'out run." of gas from the Gas Plant yesterday and today. , The entire "outside gang" of the gas plant force has been engaged yesterday, most of Tast night, and this morn ing, hunting for broken gas mains. ta It is thought that the unusual ly high j outrun, must be due to some such cause. ' There is some danger that the entire! reserre supply of gas will be exhausted before the cause for this unexpected outrun can be lo cated,) and the employees' of the gas plant will be yery grateful to any one who knows of any gas leak anywhere In the city if they will call, the Gas Plant at Phone 1193, or the office at 85, and no tify them of the leak. Sometimes contractors in exca vating for residences, will acciden tally break off a gas pipe that was installed for some former resi dence,; and if the pipe is large enough, a great quantity of gas can escape in a short space of time if the pipe Is wide open. Gas being j much i lighter than air, rises very awiftly, and there?. fore the odor of the same cannot be detected in the open air unless one is close, to the break in . the pipe. J .... Every effort is being and will be made to generate sufficient gas to compensate for the leak until the-sanKTls located, but there is a possibility that it will be impos sible to do this, which would re sult in a shortage of gas. The situation is not considered serious at this time but the co operation, and ail of the- public. as above mentioned, may prevent its becoming serious. . , ;; PROJPS Adele , Ganisi' Tvw Phaso of REVELATIONS OF A WIFE Copyright by Newspaper Feature Srvice ; CHAPTER 264 HOW HARRY UNDERWOOD , GENTLY AIDED ' j ' MADGE, v - ; "Are you sure you feel able tc drive?" , .. , In Harry Underwood's voice;; tender 'and solicitous, there wasno betrayal of .any chagrin at the re buff I had Just given him. Evi dently he meant to accept my si lent dictum, and , drop the sent!-; mental pose he had adoptedTwhen at his request that I tell him of Grace Draper's i connection with Junior's kidnapping . I had . - suc cumbed to the nervous, blind diz ziness which comes over me some times at the remembrance of that awful time. ; ; J ' : Y An affirmative response was on my lips, for I would rather drive a car than do almost anything else in the world, and nothing makes me quite so uncomfortable as to sit beside another driver. But it occurred to me; that if Harry Un- derwobd drove the car and listen ed at the same time to the infor mation of G race Draper for which he had asked, be would have neith er time nor opportunity for sentiment- a state of affairs for which I earnestly wished. A Reminder of Dicky. '" . "I'm not quite myself," I said. "You drive, do' you not?" and then, with a remembrance of his ambulence service during the war, I flushed at my own stupidity. "If I don't get into any thick traffic he drawled, even as ' I stammered an embarrassed: "Pardon so ridiculous a ques tion.". y.pz .-. ... ; "I'll pardon anything if you'll flush like that again," he return ed with a look which changed the flush to a flame for a second. V . But the chance remark affected me in a way that he could not guess. It pushed his rather hyp notic personality a figurative thousand miles away and brought Dicky as forcibly before my minds eye as if he had suddenly drop ped from the air before me. i For, without knowing it. he had repeated words I often had heard from my husband's lips both be fore and after my marriage, and the memories which the words brought. me made me forget every-; thing else for a poignantly bliss ful jsecond or two. "Are You All Right?" "Well!" Mr. U n de r w o o d s drawling voice broke the spell. "When your spirit or your astral body or whatever-you call it has returned from the place Its wing ed itself, perhaps you'll inform me if I am to drive. I thought an Invitation to tool this chariot trembled upon your -dainty lips but a moment since. However, I've learned in the course of a troubled life never? to take any thing for granted 7" I "01 course I'd like you tOiirive,' I returned a bit impatiently. "And please pardon my absence of mind. I was thinking -": ."Very dangerous thing Uo do," he interrupted with a jreternat urally grave face,, You never know what the consequences may be. Personally, I; jiever indulge myself in the habit. Now, if you'll Just move over. Lady Pair,ril try my luck with this gear shlfjt. Let's see, first, rear, left; second, for ward. Tight; third, rear, right; reverse, forward left. Is that it?" He had alighted; from the car as he was speaking, ; and walked around the front of it to tihe side upon whjch Iwa3 pitting. T And I guessed that his seemingly . anx ious query as to ' the gear shift was only a subterfuge to give me time to pull myself together. He was too experienced a driver not to have noted the things for which he had asked. SI j ' j "You have them exactly,!' I said sedately, moving- oyer in the seat, and for the next five minutes Mr. Underwood gave his cxclu$ive at tention to the car.V .' , ; - ' ; "There, I've got her number now," he said when ho had shift ed gears, reversed and experiment ed with the spark until he had sat isfied himself that: no emergency would find him unfamiliar with the mechanism. "Now to jresume our interrupted journey. Are you sure you're all right?" : I read between the lines of the query. For fear of the possible effect upon me, he would not ask me again to tell him the story of Grace Draper's crime. But !I knew that my father had requested it. so with a mighty effort I myself for the telling. (To be continued) braced a By Ad Schuster USELESS MOXEY The man who doubts that there are any of his fellows vfho, in this year and this I civilized and educated United States, have yet to learn of the coming of the air plane and -even, of prohibition, has never gone back into the mountains where the old prospec tors go ; their ways; with j but a single thought. There are many of the crew, back there whoi would have made the same mistake which came to Barney D(ood and they, at least, will see nothing incre dible in this story, j j , ,. ? Barney with his mule,'pick, pan, shovel and blankets followed the stream beds and gullies in j search of wealth.asd as be hunted he made plans strong; the claim was staked, and a fair price was turn ed overotfie-discpyerer, tA bent and bearded man with the dreamy eyes of theprospectors, thre was nothing to indicate-his uproarious ambitions. He talked to his don key, followed his leads pitched camp and went his way as gently as any old gentleman caring .for his garden,' and yet: the incentive to his labors and lonelinees was the chance to hit the big city, his pockets full of money. j Tll paint her rod,", he said, "and give the boys something to talk about." And in his mind were memorllsot bid days when the gold strike, meant celebration, the lucky man standing treat, an orgy of spending until the 'sack ran Iow-; and the mjner returned to the hills.3 Barney had! it all planned until there-was nothing to do but find the gold witli which he could make his triumphant de scent. into town.- flf,-' ..!. ; Some of the men In the hills have struck "it rich a dozen times and are as poor today, ln every thing except memories, as they ever were. , Barney vas a hero of a half dozen celebrations and he felt the next was i due. There came a day when the color, ran strong and he followed thej traces up. the slope to a spot where for tune was promised; He staked his claim, filed upon v it, and sought a customer. . - . On the mail stage Barney rode to the larger city and (in his pocket was a roll of greenbacks large enough to choke the prover bial cow. In appearance he was an unkempt man dozing in his seat. In spirit he was a conquer- Close Luggage "Jim" J Smith! & Court and High , THREE BOTE TALES $1 49 llEpyi' $1 49 or but waiting the chance to give to the world a one-man festival and parade of victory. : V 'TU show 'em," said Barney Dodd, 'Oh Gosh, how I'll show em.' . ' He found the city larger than on his" previous .visits and he missed the familiar places. A millernery store was situated where Tom and Pick used to serve wet goods, raw - and biting, over the bar. Barney walked on. There were cigar . stores, soft drink places, even candy counters. where once the miners assembled. 'It must be," he reflected, ''there isn't any money in likker nowadays." i Then he approached a clerk in a cigar stand and made inquiry. After a moment of sur prise the clerk, with exaggerated indulgence, broke . the 'news and it was then Barney Dodd learned of the Eighteenth Amendment. "I suppose they call that fair," he exclaimed. "Taking advantage of an old miner what hasn't had a drink in fifteen years," and he went back to the stage and waited for the chance to ride home. With the greenbacks still in his pocket the prospector returned to the hills. Close, to sunset three days later he had his mule and iis kit once more and was ready to resume the -search, j With so much money in his pocket there seemed no incentive and yet it was the only life he knew. Bar ney looked up the hill and at the golden sky beyond A stump was eilouetted there as a seat on the top of the world. , - A half hour later the old man sat on the stump. He reached Into his pocket, drew f forth ' a greenback and held it fluttering in the wind. When the gust grew strong Barney released his bold and watched the fill swirl off down the gulley carried away by the mountain breeze. He kept Out Carrier ' . . "BiU" Watkins Phone. 44 There's Real Service Two CIOTHINQ'WDOIJ3 this op until the last of his money was gone, then returned to his camp, ready to start once more in search of the golden stake. Secretary of Navy Not to Visit Tongue Point . Secretary of the Navy Wilbur will' not be ' able to visit the Tongue Point naval base at As toria this fall, says a message re ceived from, him by Senator Mc Nary. . In a recent telegram to Secretary Wilbur Senator McNary urged that he visit the base before McNarys return to Washington, but the reply says 'this will be impossible; 1 WORLD'S IJlIUaKST tTIIAIN IKPAUTIEXT BTOItK OIIGANIZATION I. - h . IT TT v - o oappMess ! ami When Getting three meals a day sometimes is "a trial. But a convenient new took inp utensil will do much to lighten the drudgery. Here are just the pieces you will find most useful all made of aluminum of good quality in a heavy weight. And tney are pncea unusually 6-Qt. Kettle For Preserving 98c Of good weight aluminum. Each kettle has heavy bail1 handle. . . Percolator Aluminum - 98c Two quart welded Percolator, .20 gauge alo- r m Bishop's Virgin -Wool SUITS . . . .. ... i i - . Stylish, Virgin Wool, dependably tailored, smartly cut -they're the clothes that usher in v greater purchasing power for your dollar. Make, up your mind now to be in today and see this great selection . ii 2 Pairs of Pants 'Double service" clothes, we call them; double value clothes you'll find-them. MLL&B 8TDB3S Flower Show to Be Added to Silverton Exposition ; '. ' 11 y - . ' M. . SILVERTON. Ore.. Sept. 8. (Special 'to The Statesman).- A new feature will be added to the Silverton Community fair which is to be held at Silverton Septem ber 19 and 20. This is a flower show. For weeks past flower lovers at Silverton have endea vored to raise enough Interest in a flower exhibition' to make a creditable showing. Due to many other events it has seemed im possible to stage a show of this kind.; The American legion , is now taking the matter up and will conduct one in connection with the community fair.- ; Those in charge are endeavoring to secure! judges from Portland. It is hoped. " 475 DEPARTMENT 160 N. Liberty, Salem, Ore. , low, too? S t. Double Boiler Alumlntun 98c Two e quart double boiler. ; Cover fits both pans; so that you can use . either separately.1 Sauce Pans S Altunlntxm J" 98c Three piece set.! In 1, 1)1 and 2 quart sizes. 29 gauge aletninnm. w Hi f . .l lit by Silverton flower growers that this will be given a god send off f so that it may become an annual event. Rholin Cooley. who has 1 some really beautiful specimen, J, Is in charge of the flower show. , WE PAY CASH FOH YOUR AND TC0L3 V Capital HardVvoro Cz - Furnituro Co. Best Prices Paid 285 N. Coral St. Phcas S 17 -Hi t rJLIABLK QUALITY GOODS ALWAYS AT IXV PIUCES lnHfmmtm1 STORES Tea ICettI? Aluminum Six quart tea kettle. Made of 20 gauge alumi num. Well made and an exceptional value. Roaster Aluminas TTTTT S e 1 f -basting rpai t e r m a d of 20 gauge aluminum. - i t ... . ; Each section can be used separately .... I I II I JJIJ 98c1jp ' ft