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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (April 24, 1902)
SAVE YOUR GOLD STAMPS AND GET A DINNER SET FREE WE GIVE with each teri cent pur chase one 'stamp. When you have 50 stamps or more, bring them to our store and we will'pive you very hand- 1 some Florentine Dinner Ware. . " Lee Teutsch SUCCESSOR TO Cleaver Bros. Dry Goods Company. ""THURSDAY, APRIL 24, 1902. BREVITIES. James A. Howard, farm loans. Nobby suits at Siebert & Shulz. finrine chickens at Hawley Bros. For rent; piano; inquire this office. Farm IcanB at lowest rates. E .D. "Boyd. For Rent Newly furnished rooms. Call at 309 "West Court street. Mts. Campbell has just received a line of beautiful chiffon dresB shapes for ladles. If wnn wnnt flno meats E0 to '.fichwarz & Greullcli. They handle the best there is to be had. LOST Bunch of keys on ring. Re ward will be paid for the return of them to Dr. D. J. McPaull. Money to laon at lowest rates on town or country property. J. R. Dick son, East Oregonian building. T I . 1 1 1. 1 1. rt r on the streets of Pendleton. Finder please return to Will Davis, at Hotel Pendleton and receive reward. i Dutton's for ice cream, of course, ffou are never disappointed when .you get Dutton's cream. It's pure, wholesome and delicious. Drop in to Dutton's and be served with ice cream or ice cream soda. Our bakincr nlronvq nlnnnnn t.hn most fastidious because we use only the yery best of material and our bakery is kept as neat and clean as It is r isible to Imagine one to be. Mar tin's Family Grocery and Makery. DECIDED IN FAVOR OF THOSE HAVING GRAIN IN WAREHOUSE Fobs Fobs Fobs I have just received some new designs in Leather and Metal Woven Fobs. They are beauties and very serviceable. The cost is modest $J .50 to $3.75 L- HUNZIKER Jeweler and Optician Whltaker, the dentist. See Lee Teutsch for hats. Slebert & Shulz, up-to-date tailors. Peter Nelson, a prominent farmer and stockman of the Juniper country, J was In town Tuesday. A full line of the new Gibson shirt waists in white and all colors are on display at R. Alexander's. Come in and ask about the Dish rilnh beine orcanized at our store A chance to get a $25 set of dishes for a small sum. Hawley Bros. .T. W. 'Lawrev left this morninK for Portland to be at the dedication of the I. O. O. F. home Saturday. Sev eral others will go down tonight and tomorrow night. Lost A crav mare, with reached mane, branded on left hip with helf circle over cross and a bay mare, branded with D on left shoulder and diamond on right shoulder. Suitable reward will be paid finder by return ing to T. W. Ayres barn. La Grande Chronicle: A large num ber of persons who had been to at tend the Woodmen log-rolling at Pen dleton returned . this morning, and from their smiling countenances they must have had a most enjoyable time. Pendleton people always treat tnen visitors most royally. Here Is a piece of news printed away from home in the Baker City Democrat: "The G. A. R. veterans of Umatilla county have no use for Fur nish and they will soon tell tne peo ple why." The Bast Oregonian has heard of no action of the G. A. R. in this connection. Has any one In Pendleton heard of it? The East Oreconian was in error yesterday when it said that all the visiting Woodmen and Womfen of Woodcraft had left, for they have not. Mrs. Jamea Stanfleld and Mrs. John Geiss, of Adams, who are mem bers of the circle and attended tne log-rolling, are still here, and are be ing entertained by Mrs. J. H. Fergu son, of Bluff and Ann streets. John C. Roever and Charles Stor beck, partners under the firm name of John C. Roever & Co., vs. W. H. Babb, is the title of a new suit filed at the court bouse Wednesday. The plaintiff asks for judgment against defendant in the sum of $190.53, alleg ed to be due for goods and merchan dise, purchased of plaintiff in 1897, and which have never been paid for. "J. H. Lowrey Is plaintiff's attorney. Dond Bros. Lumber Company, of Buckley. Wash., have filed suit against A. 'MP. Glllis, of Athena, to recover judgment for $264.15 alleged due on a bill of lumber, purchased of plaintiff in January of this year. It Is alleged that Mr. Gillis contracted for certain lumber at a certain price and when it was delivered he refused to accept and pay for a part of the amount, because it was not satisfac tory. Carter & Raley are plaintiffs' attorneys Celery Tablets... The Puritan Chemical Company have appointed us as their agents for .Umatilla County .... Celery Tablets, Small .35 Box Su& Teab,lets Lar6e- i. Box u!Pho Salve .2s Box nEktr Pla3ter .4 Each KOEPPEN'S DRUG STORE c f fcom Street Toward the Court Howe When Stored Grain Is Sold Without Authority of Depositors They May Recover From the Purchasers All Must Be Parties to Suit. A decision handed down from the Supreme court of the state of Oro gon at Salem, a few days ago, may be read with Interest by those who are Interested in the recent suits, brought against the Athena Flouring Mill Company, to recover the price of grain which had been stored in their warehouses, by farmers of the Athena country. According to this decision, all who stored wheat will not have to look alone to the defunct flouring mill corporation for their pay, but can file suit against the man or corporation who purchased the grain, and recover their money. Already one suit of this kind has beon filed against the Western Ware' house Company by J. M .Walker, to recover $511.75, which he alleges is due for wheat stored by him in the flouring mill company's warehouses and was purchased by the defend ants. In speaking of this particular case yesterday, one of the prominent attorneys of Pendleton said: "This decision is not a surprise to me. I knew that such a law existed, but this is the first time that It has come up In Oregon." When askpd If the decision would apply to the Athena case, this same attorney replied: "Yes, it will apply to this particu lar" case, just the same as in the one cited In the decision at Salem." All the men who had grain stored in the Athena Flouring Mill Company's warehouses can recover the worth of it from those who purchased it, it they can establish their claim." Those who have brought suit against the defunct company to re cover the price of grain, and the amounts are: J. M. Walker vs. the Athena Flour ing Mill Company, $511.75. C. H. Brown and James Hodgens vs. the Athena Flouring Mill Compa ny, $47.98. David Ferris vs. the Athena Flour ing Mill Company, $1259. T. J. Kirk vs. the Athena Flouring Mill Company, $ . Supreme Court Decision. Ida M. Tobin, Mary Black, H. C. Davis, W. H. Gulliford, B. F. Allen, James A. Smith, John M. Porter, Alexander Powers and Robert An drews, respondents, vs. Portland Flouring Mills Company, Salem Flouring Mills Company, Balfour, Guthrie & Co., and James C. Black, administrator of estate of Thomas J. Black, appellants, from Linn county, R. P. Boise, judge, reversed upon condition; opinion by Justice Moore. In 1897-99, Thomas C. Black operat ed grain warehouses in Halsey, Linn county, Cummings, Linn county, and Derry, Polk county. When Black died in November, 1899, it was found that he had in his warehouse at HalBey 29,300 47-G0 bushels of wheat, while he had outstanding receipts for 40, 881 bushels. The depositors, number ed 101, and suit was brought by a ifew of the depositors to recover on behalf of all. The Portland Flouring Mills Company had purchased from Black 9,296 26-60 bushels of wheat, advancing thereon $5,711.83, and the Salem Flouring Mills Company had bought 3,977 46-60 bushels, advancing $2,110.16. Of the wheat sold to the Salem! Flouring Mills Company, all but 750 bushels had been destroye'l by fire, but the company had colled ed from insurance companies to vnl Use of the wheat destroyed. The de positors in the Black warehouse sought to recover from the Portland "and Salem companies the proportion of the shortage represented by the amounts of grain they had received. The case was dismissed as to Bal four, Guthrie & Co., for it was shown that the grain received did not come from the Halsey warehouse where the shortage existed. The defense .of the Portland and Salem companies was that all the parties interested as plaintiffs had not been joined; that there was a mlsjoiner of parties defendant; that they bought the wheat and made ad vances upon the belief that Black owned the wheat; that Black did, in fact, have authority to remove the wheat, and that they dealt with him, believing him to be the owner. They asked that plaintiff's claim be made secondary to their lien, for the amount of their advances. The case was tried and resulted in a decree for plaintiffs. The court found the facts regarding the shortage and held that the Portland and Salem companies should pay into the court the value of the wheat, received by them, at 49 cents per bushel, the money to be distributed to those entitled to it. The Portland Flouring MJIls Company and the Salem. Flouring Mills Com pany appealed. Section 385, of HM'd Annotated Laws, provides: "Of the parties to the suit, those who are united in in terest must be Joined as plaintiffs or defendants; but if the consent of any one who should have been Joined as plaintiff can not be obtained, he may be made a defendant, the reason thereof being stated in the com plaint; and when the question is one or common or general interest of many persons, or when the parties are very numerous, and It may bo im practicable to bring them all beforo the court, ono or more may sue for the benefit of the whole." Under this statute the supremo court holds that all the depositors should have been made parties, eithor plaintiff or do fendant. In the trial of the case a largo num ber of voluntary affidavits of deposi tors were Introduced In evidence, to show the amount of grain each had placed In the warehouse and that they had not authorized its removal or sale. These were objected to as hearsay evidence but wore admitted. Black's lodger, howovor, which was admitted in evidence, showed practi cally the same amounts, and It Is held that though tho affidavits were improperly admitted, no material In jury resulted therefrom. Upon the question of title to tho wheat, and the liability of tho appel lants, the Portland and Salem Flour ing Mills companies, the opinion says: The testimony discloses that when over the depositors chose to dlsposo of their wheat, Black purchased it and shipped it to market on his own account, and, while the age'nts of the appellants undoubtedly believed that he had authority to dispose of the wheat delivered to them, wo are satisfied that he had no title thereto and that they should account for tho wheat for which they were legally responsible. "The testimony further shows that there should, have been In store at Halsey, certain quantities of wheat that had been deposited in 1897, 1898 and 1899, while the deficiency for tho latter year is only 5,869 36-100 bush els. If Black.during these years, shipped wheat to no other persona than the appellants they ought to ac count to the depositors for the entire deficiency, but only in proportion to that part of it which they severally caused. We think tho testimony fails to show such an accounting, as legally to charge the appellants with the quantities of wheat, which tho court finds they severally converted, but. believing that further proof up on this branch of tho case can bo ad duced, we deem it proper, in "conse quence of the lack of Interested par ties, to send the case back with in structlons to bring in all those who are materially Interested in the suit to take additional testimony and en ter a decree in acordance therewith The opinion also holds that there is no evidence showing that the. ue positors intended to part with the title to their wheat when it was ue posited in the warehouse. The decree of the supremo court is that upon the payment by plaintiffs of defendants' costs within ou days, the case will be remanded for new trial, otherwise the complaint will be dismissed without prejudice. NUMBER 197 Friday, April 25, '02 3c 800 YARDS OUTING FLANNEL. Horo is a chance to buy outing flannol at about half price. Just tho rltrht woitrht for summor wear". Not more than ton yards will bo sold to any ono porson. YARD Friday is Always Bargain Day at tfc Peoples' Warehouse 1 n will save lots of monoy by taking advantage , of this cut. Alterations made in tbo storo and lit guaranteed. We are showing a complete line of Summer Wash (foods In all the. latest weaves and coloring If you don't look at our stock first j ou will be disappointed. I An OFF ON ALL TAILOR MADE SUITS. If you V I I ITS aro thinking about getting a now suit yon lJ " .i11 nntyr. Info nf mnnniT litr f nlrlno niWntltnCn Now Lco Curtains, penvlr t PS Now Wash Silks, r waist pattern n Now Wnlkluu Skirt, cch ......... 1 9) Now THilor Bulling, per yard 1 31 New Lnro Oollnrs, caoh 1 10 New no'ts, ouch 13o to IN) Now Foulard 811k, pr yard M Now Tailor Miulo Suits S9 M to 60 00 Agents Patterns II Peoples mm Dry Goods, Qonts' Furnishings, Boots and Shoes. Mall Orders Promptly Filled. Send for Samples. Reduced. Rates East The National Educational associa tion will meet at Minneapolis, July 7th to 11th, this year. For this occa sion the Washington & Columbia River Railway Co. announce a rate of one first claBS fare, plus $2, for the round trip. Tho tickets will be on sale June 29th, July 2d, 3d and 4th. And will be good going until July 10th, with final return limit of Sept. 1st. Stopovers will be allow ed In each direction within limits of ticket. WALTER ADAMS, Agent. The Independent Warehouse. Will be open for business, with a competent man in charge, to seo that all customers receive prompt ana careful attention. Wool growers and wheat growers will find It to their interest to store with this house, where they can ship over either lines of road. References, First National Bank. William Caldwell in charge. gi , Select Canned Goods 50 ..MORE DOUGLAS and GLORIA $3. SHOES Better See Them Before You Buy WORTH $5.o Boston Store THERE is a difference in the quality of goods that enter cans, but when you buy canned goods of us you get the best quality that grows. We handle no "seconds" or inferior quality. Our stock of canned goods includes everything you may desire. Quality tho highest, but prices tho lowest, considering the goods. li's fiiGras Bin R. MARTIN, Proprietor s sss 0 s .2 0 w a - c Nothing is more pleasing to the eye than a boautilul Lawn, Now is tho limo to get your LAWN MOWER We have the best values from $4 up. fly Grade Garden Hose at Low Prices. Thompson Hardware Company JESSE FAILING The Big Carpet Store FIT FOR A KINO 1 Our downy, handsome mid luxurious carpets cr A rug are. Titer rich la color, harmonious n combination and beautiful In. pattern that tney seem too good to trcsa ou. Hie btauty ot Spring time shines from tbo blossoms and fresh nets ol our stock. We haye many handsome new patterns la Chinese and Japanese. BHttlrgs alio for ycur m mer rooms. 3tO PIECES OF CARPET And 88 IMcoeH Muttlug to Felfot .From, Write the East Ott- Konian for a ftm'9h alogtfe of them, A full supply alway LEGAL BLANKS 1 mm