The Oregon statesman. (Salem, Or.) 1916-1980, November 16, 1927, Page 10, Image 10

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- the orxGo:T statesman; clatjtt.t, ohegou, ttedjjesday iroxtNDTO, irovEiresi ic
fiU! COOMB
EM THA'.'ELPhY
Deschutes Commissioner Al
so Declared-Not Entitled
: To Extra Fee
" County commissioners of Polk
temntr are prohibited by law from
collecting mileage for traveling ex
penses Incurred In the transaction
X county business, according to
fcj opinion 'handed ' down by the
State supreme court her Tuesday.
v The opinion was written by Jus-j
tin McBrlde la two suits brought
' j Vera Gosso, taxpayer, to com
pel William Rlddell, Jr.. and Ezra
Hart, commissioners of Polk coun-
whtcb. it was alleged - to hare, re-
eelred and should, under equitable
principles, fee applied la 'payment
of the obligation. -
The lower court held for the
plaintiff corporation
The Portland Flour Mills com
pany, Coast Elerato company and
II4 Jt Leo appeared as appellants
In the sulk. Defendants named In
the action included 3ohn Doe and
Elijah W. Sells sad other Individ
uala doing business as Hasklns
and Sells. :
"" Other opinions handed down by
the supreme court today follow:
Roy E. Deadmond and Esther
L. - Deadmond, appellants, rs. F.
U. Moon and Edward Moon; ap
peal from Coos county; suit to en
Join defendant from placing and
maintaining dame. Opinion by
Justice Coshow, Judge John C.
Kendall affirmed. ; .-: : . ;
Grace E. Morgan, administra
trix, appellant, va. Elmer Nlswon-
ger and others; appeal from Des-
I X A , A k 4 1
, .t-A ...'payment of mortgage debt. Opin
Isg 'expenses while engaged in
transacting county business. The
slakm of Justice McBrlde af
Crmed the decree of Judge W. M.
Ramsay of the Polk county circuit
court. -r-; V:
"The Question raised in relation
ts this mileage is whether or not
; county commissioners are entitled
to recelre In addition to their S5
per day, mileage for the trarellnx
thay do la transacting county busi-
read the supreme : court
'aptnioa, -- -: ''
"The Oregon law prorlde that
in county officers of Polk county
shall recelre as compensation for
their serrlces $5 per day for erery
. Cay in which they are employed in
transacting the. business of the
county. : This section prorides that
they shall recelre this amount of
saoney ae compensation for theli
services. ' I'
"It seems to me that this prorl
,Cin means that $5 per day shall
he full ; compensation tor all of
their serrlces. and that they shall
receive no other remuneration.
- - Justices Rand. 'Coshow . and
XUttsman, concurred in the j opin
io. .V:.:, ,-i-
The ; supreme court rerersed
- Judge Orlando M". Corklns in an
original proceeding filed by J. 8
lanes, commissioner of Deschutes
county to compel J. . H. llaner
county clerk to Issue a warrant in
the amount of $137.80 which he
alleges1 was due him for serrlces
performed In connection with the
transaction of county buelness
The. lower court held lnfaror of
Ux. Innes.
Justice McBrlde, while admit
ting In his opinion that the laws
affecting Deschutes county, auth
orize the payment of both per
diem and mileage to its county
commissioners, held that there 1b
mo statute, under which the coun
ty commissioner la entitled to col
lect from the county an Item of
approximately 138. alleged to ; be
due for serrlces performed in su-
pe-rrisins; an election.
In reversing the decree-of , the
lower I court and dismissing , the
writ the supreme court recog
nized the Tight of Mr. Innes to file
and present . to the county court a
claim tor that, part of his serrlce
which are ralld in the light of the
opinion.: : v4 j;:- ?J;'. ,
' In another opinion the supreme
court affirmed the decree -of Judge
Robert O. Morrow of Multnomah
county, in a suit filed by the Se
curity Sarings and Trust com
pany,! assignee of M. H. House r
under assignment for benefit of
creditors, to recorer approxlmate
ty 164.835 ; and 'Interest thereon
from ; the Pacific Coast Elerator
company.' -' ; - - -
Demand also ws made that the
Portland Flour MU1& company. be
compelled" to account for and pay
to the plaintiff certain -moneys
IIDil H5. OTJITT;
- - - , - .
"1 -
Great-Great Grandchildren
." Attend Reunion At Mori-'
v- mouth On Sunday J '
&1)
Uo warning except perhaps a persis
tmt tiredness then a sudden break
Cam and anokl man" overnight That
Is the fate of many men today who lire
at the 20th century pace. Qne of the re
r Its of the titles pace is a weakening
r f the rital orcans, especially the lirer.
. 1& lver,"layingJown'aila to cleanse
the blood of the poisons formed in food
waste. Then an insidious poisoning of
tv9 eystera toxemia and a general
ur- JenniiL-? cf health, with high blood
pressure, kidney trouble, hardening of
tr - arteries and premature old age.
U rou would keep in Al condition
rv"sician3 say, keep the Brer rigorous
1 1 actire: Nothing better for this than
a Lttie ox grail. As the medical prof es
r :on know a. ox rsH is a remarkable nat-
rnl stimulant for the 1'2
el?s fonn ia Dioxol t&bJeta. Each
let represents 13 drops of pure ox
:i tri ,cr:ts ksa tiaa 2c eich, tt
vl c'rv.- it, sure yon get Diorcl,
u.e 1 dme ana picture ox an cx s
I. ; J C-i t'. s rc- ze
ion by Justice Coshow.; Judge T.
E. J." Duff jK rerersed..'
Exile Burkltt rs. L. A. Vail and
Fidelity and Deposit company of
Maryland, appellants; appeal from
Multnomah; county; action on re-
dellrery bond. - Opinion by ' Jos-!
tico Coshow, Judge George Ross
man affirmed. ?'?y
. Oregon and Western : Colonisa
tion company rs. Earl Or Strang
and' Orrllle L. Darteon, , defend
ants, and Orrllle L. Darlson, ap
pellant; appeal from Crook coun
ty; action ! on promissory note
Opinion by Justice Coshow. Judge
T. Ev J Duffy affirmed. i
Eliza A. Watt rs. Associated Oil
company; appellant; appeal from
Tillamook county; action ; to re-:
sorer damages. Opinion by Jus-!
Uce McBrlde. Judge George R.
Bagley v affirmed. '
: Frank C-Bramwell, state super
intendent of banks, In charge of
Western State Bank, lneolrent.rs.
Bud. Rowland, appellant; appeal
from Lincoln county; action to col
lect on promissory note." Opinion
by Justice Ross man. Judge O. F.
Sklpworth affirmed.
J. .W. Qola rs. Ray W. Chute
and Era M. Chute, appellants; ap
peal ; from . Tillamook county; pe
tition for writ of habeas corpus
to obtain custody of child. Opln
Ion by Justice Rossman. I Judge
George R. Bagley affirmed.
Farmers Loan -; and Mortgage
company va. Hans Hansen, appel
lant; appeal from - Multnomah
county; action to obtain possession
of property.! ' Opinion by .Justice
Brown. Judge J. U. Campbell of
firmed. - s "
Sam Armishaw rs. Andrew Kan,
appellant; appeal from Multnomah
county; action to recorer for ralue
3f goods sold and dellrered. Opin
ion by Justice Belt.' Judge G. F.
Sklpworth affirmed. .
Joe - Obermeier' rs. Mortgage
Company Holland-America, and
John VanZante, deTendants and
appellants, (Esther Mattlson, de
f endant and ? reepondent; appeal
from Multnomah county; petition
for rehearing. 1 Opinion by Justice
Belt. Decree of Judge D. R. Par
ker modified.; ;i t v '
Security Sarings and Trust com
pany rs. William Ogden efal, de
fendants, and G. B. Gatt, appel
lant; ; appeal from Multnomah
county;" action In ejectment to de
termine title and right to posses
sion of waterfront property in
Portland. Opinion by Justice Belt.
Judge Robert R. Tucker affirmed.
Charles H. Casto rs. C, P. Han
sen and Frank Bentley, appel
lants; appeal from Marion county;
action to recorer damages for au
tomobile v accident. ' Opinion by
Justice Belt. Judge Percy R. Kel
ly affirmed. i'- ' i'.-H-ivis"'f , " :W
Petitions for rehearing were de
nied In Berg rs. Gold stone, matter
of -Fred Roalt, Jensen rs.-Ander
son, Lyons rs. Gram-, and Fetsch
rs. Pederson.
'Rehearing ' granted In Behrn
stedt rs. Trarellers Insurance com
pany. ' Motion to dismiss . appeal al
lowed in State rs. Kables."
Case of Ashley State Bank rs.
B. Schneltser dismissed - on stipu
lation. ' ' i - ' '
-'Joseph Gage Howard of Port
land admitted to bar on certificate
from the state of Missouri. - , .
LIBERTY IIS PAID
NEARLY FOUR BILLION CALL
ED IX BY V. 8. TREASURY
-"it ... - , JCoJac."
i3 ss Ft 2. Sssel Ssmplem,
; W A SHIN O TON, Nor. 16.
(AP) Insofar , as its 1 creditors
would allow, the United States to
day took up and paid off. one. of
its greatest war loans, the second
Liberty bond Issue of 83,807,000,
000. ' The figures inrolred c were so
large that Ogden Mills, under sec
retary of the treasury, refused to
make any estimate as to how. sucj
cessful the gorernment's effort to
retire the : second 1: Liberties had
been. Not until the twelTO feder
al reserve banks make their re
port late this week, wilt the trea
sury be enabled to tell how many
of the bonds remain' outstanding,
though "interest upon them ceased
today. r - . r
By rarlous coarerslons and con
tinuous sinking fund purchases
the second Liberty loan Had been
reduced last ; February to a total
of $3,104,060,000. Since that time
me gorernment undertook a ser
ies of financing operationsjmtend
ed to -bjiag abonf the payment,!
the bonds or their conrersion to
other forma of securities -with the
result that , today, when the loan
; was call?!. Jqr redenjtisa, . there
! was a total of 730,000,CiO of the
! bonis outstanding. - . ;
j It expected that most f these
outstanding bonds will be turned
ia before the end cf thexrci,iit
week. '
FALLS CITT. Ore., Nor. If.
(Special) Last Sunday, Koyem
ber 13th a group of children.
great; grandchildren 1 and. great-
great grandchildren, and other rel-
atires and friends journeyed to
Monmouth to honor Mrs. Priscilla
DeWltt, widow of J. P. DeWltt,
who has llred in " Monmouth for
30 years. Her husband died In 18S9
and since that time she has kept
the home fires burning. She has
now . liring six children, twenty-
three grandchildren 1 ahlrty-two
great grand children land seren
great-great grandchildren.
Mrs. DeWltt wfll be , eighty-
eight years old next month, and
until an accident on Norember 9
when she fell, fracturing her toi
ler bone, has been well and actlre.
Those enjoying , the reunion
brought ' picnic ; dinners," which
were . spread la the home on ; ac
count of rains. --' : , ? ' f !
Those present were the follow
ing: a son, J. F. DeWltt with his
wife, from Pedee; Margaret .O
Brlen, : a daughter her j- husband.
from Pedee; Laura Boyd, a dau
ghter, and her husband of New-
berg; Martha Nlles. a daughter.
and her aon of Portland; J. P.
DeWltt, a son, and wife of Takll-
ma, Oregon; and grand children.
great grand children ' and great-
great grandchildren as follows: I.
L. DeWitt and wife, Pedee, J. V.
Lewis and her daughter Guila of
ValseU; Nettle DeWltt and eons
Frank" and , Victor, Fall City;
Clarence O'Brien, daughter Vera
and : son Berl of Portland; Berl
and ; Jessie O'Brien of Portland ;
Frank and Rex O'Brien of Pedee;
Theresa Unchurch and son Lewis
of Garden Home;
of Newberg; Mrs. Ruby Philip and
Hazel Nagel and husband of Port-
land. ;.-7..H-.1
Gridiron Goma banscrciisi
; Jpsctatcys Ribs Drc!aft
tORGO? KOfliLii ECHOOL.
Monmouth, Kof4 IS; (peelalj
Bertha T Hall Instructor In the
commercial t department tfi the
Monmouth, format school is : out
ef sehoel tliia week due td an in
jury reeeired at the football game
Saturday between the Normal and
Albany college.' When iearing the
grandstand during a heary shower
Mrs, Hall slipped and broke vr-
eral rlba - - -
ASSOUfl DICES
MORE THAN BO PRESENT AT
i OKT AOgUATXTED EVEXT
OREGON NORMAL SCHOOL,
Monmouth, Nor. 15. (Special)
The V"? Monmouth , Parent-Teacher
association held a "get acquain
ted" supper in the cafeteria rooms
of the training school Monday ere
nlng with" more than 80 seated at
the tables. Mrs. F.B. Chambers
presided during the erening. At
the close of the supper Mrs. Cham
bers Introduced the seren critic
teachers to th'e guests and parents.
The speaker of the erentng was
Thomas H. Gentle. director of
training schools, who In his Inimit
able manner,- pictured the old time
mode of teaching to' the method
now employed by .the most modern
schools. He stressed the help par
ents could and should giro the
school and their children through
a - closer' cooperation - with the
school officers and teachers, and
urged the parents' to form the ha
bit of risltlng school at frequent
interrala, H v ;-:- - 'l '"
After a short inspection of the
building and classrooms the rlsf-
tors gathered in the assembly
where Mildred Scott played a rlo-j
lln solo, "The Old Refrain.1 Miss
Scott was accompanied by ; Irma
Arnold. Robert T. Hall then sang
"Neopolitan NighU" with Mra
Dietrich accompanying at the
piano. :,y::- ..-v.iJ
, The Parent-Teacher association
Howard Boyd Lis becoming a strong organisation
In Monmouth and this year's en
rollment of members is the largest
in the history of the city.
COOLIIEElfflES
FiMIQPIfflSE
Announces He Will Resist
Any Attempt At Down--.ward
.Tariff. Fixing
Henry Ford and Son Sued
for Six Million Dollars
PONTIAC. Mich.. Nor; 15.
(AP) Nearly two thousand stock
holders, scattered throughout the
country, of the old Lincoln Motor
company, are plaintiffs in a suit
in chancery against - Henry and
Edsel Ford, lnrolr ing approxim
ately $6,000,000, filed in circuit
court hero today. ",
' The suit, brought by Henry i M.
Leland and his son,' Wilfred' C
Leland. former president and rice
president, respectlrely. of the Lin
coln Motor company, under power
of attorney ' obtained ' from the
stockholders, seeks reimbursement
for losses alleged : to bare been
suffered at the time Henry, Ford
purchased the Lincoln 1 properties
In 1 9 2 2 at a receir ef s sale f or j
$8,ooo,ooo." J.' .-;;"!
" The bill of complaint charges
that ' Mr, Ford failed to keep a
rerbal agreement to buy the out
standing stock of the actlre stock
holders. " This outstanding stock.
according to " the complaint, ag
gregated about $6,000,900: in ral
ue. , .": Vf ill I-?;
Cha'rglng that : but f for the
agreement made rerbally with Mr.
Ford, they would hare been able
to effect a re-organization of the
company or to hare re-established
its business on a basis that would
hare assured the payment of the
company's creditors, and stock
holders. The Lelands ask that
stock of the new Lincoln Motors
company,- now , operated, by the!
Ford interests, be decreed held In
trust for the plaintiff stockholders.:
The bill charges that x- after the'
new company had been established
and met with "extraordinary sue
cess,' with the Lelands In charge
of operations, the Fords "took the
same, from the direction and con
trol of the Lelands" and hare
since directed ft and controlled it
themselrea. ' ' 1 : V
-"They came into possession of a
going concern, the fair ralue of iN,
which was" upward of $25,000.
000," the complaint alleges.
' The Lelands accuse Henry Ford
of baring "permitted, it. to be an
nounced ' in rarlous newspapers
and magazines that he had rol
nntarily and as a matter of gen
erosity paid the creditors In full."
The plalnUf fa state that tiling of
the suit was deferred because they
beliered It . was the intention of
the Fords to pay the stockholders
as agreed, and upon so. doing,
again - to pretend "that said pay
ment was an act of beneficience
and generosity, andot pursuant
to their agreement."
f NEW INCORPORATIONS f
o. v " ' o
The Log Barking Machine com-r
pany, with headquarters in Port
land and capital stock of $10,
000, haa been incorporated -by L.
Manning, S. B. Laurence and C. O.
Gustafson. , 'V" . - Ji-
Other articles filed In the state
corporation department here fol
low: C ; -v
Rotary Cut Box and Veneer
company, Gresbam, $7500; Rob-;
ert F. Magulre, P. T. McLeary and
W. B. Case.' f -S'" S
West- Side Realty company,!
Portland, $1000; George L. Bul-
and. Andrew Koerner and Her
bert L. Swett. . :r ":.;V--::
Keasey, Humason A Campbell,
Portland, $300;: D. E. Keasey,
Dale Campbell and Irran Huma
son. ; r !' ; - "-'v-;- r '?Y '
The Modoc company, Portland,
$5004; L. H. Bowlby, John K. Kol-
lock and A. K. Lalng.
Lang, 'Jones & company, Port
land; notice of dissolution.
R IHCnESTERS-PILlS
XL. if l s 1 iAsreirs
12 t I L. lilt I IT TM 1 1 SS im .
S0U it Lmvimiil KTMllMat
WASHINGTON, NOT 15;AP
Although he Intends to deal
with the farm relief question with
an open mind, President. Coolldge
la prepared tor resist any attempts
to adjust agricultural difficulties
by a . downward revision of certain
tariff duties.-----;:--:- -r:--"
He feels, It was disclosed at the
White House today, that agrtcul
turo will prosper most,' along with
the country In general, under pro
tection of the tariff and his riewl
are expected to :r recelre support
from administration ! leaders la
congress.- J
In letting It be known that tar
iff rerision as f arored for agricul
ture by a business men's commis
sion headed by Charles Nagel, for
mer assistant, secretary of the
oommerce department, did ' not
meet the president's fa tot, it was
said that Mr. Coolldge nererthe-
less expected to find, some help
ful facts in the commission's re
port. That part whlcn recom
mended an examination of rail
road rate so as to prorlde cheap
er transportation for farm prod
uetsL was said to Interest the pres
ident but It was pointed out thai
Mr. Coolldge already had approrf
ed a resolution which had this end
in riew. ; " . "' ... - ;'
The disfaror which 'the tariff
recommendations of the Nagel re
port appeared to hare been incur
red at the White House already
had been' manifested among re
publican, senators at the capitol.
Senator McNary, of Oregon, co1
author of the retoed McNary
Haugen bill, has declared that he
did not beliere that a. reVlaion at
the tariff would help the farmer
much and Chairman Smoot Cf the
senate finance ' committee which
has Jurisdiction orer tariff legis
lation has let It be known that he
will rigorously oppose any efforts
to "tinker" wita the Uriff struck
ture.
hi-: -' '
r
AYERS PARENTS OF BOY
OREGON- NORMAL SCHOOL,
Monmouth, Nor. 15. (Special)
Mr. and Mrs. Jeff Ayers of Mon
mouth are the proud parents of a
baby boy born on Saturday the 12,
This is the third child In the
Ayers' family, the first two being
girls. . - -
If Back Hurts
1 Begin on Salts
Flush Your Kidneys Occasion
; ally by Drinking Quarts
of Good Water
JAinTOUlTOE THE OPEOT1TG OMHELR
TLD
Am
f W v
-4'
Sat. Evening, November 19tti
til H 77
mil
ZIUSIC BY
PRESS WATKHTS A1TI HIS
fin
stnore
- - r
11 neavre
IB AND'
X
LOCATION:
2 LUXES NORTHWEST OF SALEM HT POLK
COUITTY, WALLACE ROAD
1L
No man or woman can make a mis
take by flushing the kidneys occasion
ally, says a well-known authority.
Too much rich food creates acids
which clog the kidney pores so that
they sluggishly filter or strain only
part of the waste and poisons from
the blood. Then you get tick. Rheu
matism, headaches, lirer trouble, nerv
ousness, constipation, dizziness, sleep
lessness, bladder disorders often come
from sluggish kidneys.
The moment you feel a dull ache in
the kidneys or your, back hurts, or if
the urine is cloudy, offenshre, full of
sediment, irregular of passage, or at
tended by 1 a' sensation of scalding,
begin to drink soft water in Quanti
ties; also get about four ounces of ;
Jad Salts from any reliable phar
macy and take a tablespooafttl in a
glass of water before breakfast for a
tew days and your kidneys may then
act fine.
' This famous salts is made from the
acid of grapes and lemon juice, com
bined with lithia, and has been used
for years to help flush clogged, kid
neys and stimulate them to activity,
also to help neutralize the acids in the
system so they no longer cause irrita
tion, thus often relkring bladder dis
orders. .V :yf. :
- Tad Salts is inexpensnre and cannot
injure ; makes a delightful efferves
cent Itthia-water drink, which every
one can take now and then to help
keep the kidneys clean and the blood
pure; thereby often preventing serious
kidney, complications. .. . ;r .
Blanks- That Are -Le
gal
We carry ia stock orer 115 lezal blanks celled to most eay bcslnej
transactions. We may hare just the form yoo are looking for at a fci2
Bavins as compared to made to order forma. . r ; - - -. n
Some of trie forms: Contract cf Sale, Head Notice, ivm forms, Assiahl
tnent of fclortffage, llortgage forms, Quit Claim Deeds, Abstract forms
Bi3 cf Sola, liuiliinj Contract, Proraissory Notes, Instalment Notes, -General
Lease, Power of Attorney, Prcne Eoo!3 and Pads, Scale Re
ceipts, Etc These forms are carefully prepared for the courts and
private G3ev Price on forms ranges from 4 cents to 16 cents apiece,,
psd ca note bccLs frczx 23 to 50 cents. . T.r Jr
pxmnxD AirD Fon sals dt . :
THe Statesman i FublishiriGOo
LGAL ELAIJS HEADQUAnTEna ,
Ziizlzzzz Ci:iz Grcid rjeri: j : .
i 1
!
- - y '.. . . -...
r-a Photograph of a I)ear One
toaDearOne
fl RANDFATIIER and Grandmother your
Hjf children and their children -will prize a
photograph of you above anything else you
can give them. Nothing more expresses your
love than your photographs it is the next thing
to you, yourself.
' , For Christmas give your children and
grandchildren a photograph of yourselves.
Mark how they beam when you present it to
them. , We do the finest and most artistic of
portrait photography atlvery reasonable prices.
Special rates for the holidays; Beautiful
mountings and frames, ' i.
Kennell-ElliG
Pregon BIJ.
Jelephone SSI
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