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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Jan. 7, 1925)
WEDNESDAY, JANUAIJY 7, 1925 PAGE TWO 'THE CAPITAL JOlii&lAL, SALEM, OKKUON From the Richest and Best Tart of the State I Tho decision handed down by th eupreme court yesterday In the case of Dr. and Mrs. O. P. HeUley of Silverton, ve. U C. East man, brings to a close a contro versy which has Ions been a topic of widespread discussion In that city. The Hois. era operate a private hospital at Silverton containing 45 rooms and heated by a furnace in the basement. To drain the Dase ment and prevent the extliiRtiishing of tho fire In the rainy eaon, the Helsleya in 1918, obtained from J. M. iliown a right of way to con struct a tile drain system across the property, which was then own ed by ilrown. The Ileisleys laid the drain from their basement across Kiske street and across lot 12, Brown's addition, to Stiver credit. About a year later, Euatman, with full knowledge of the rJish of the Heisleyii to maintain the drain previously constructed, says the supreme court opinion, acquir ed titlo to the east half of tho lot in March, 1920, and began the construction of a foundry over the drain. Later, says the opinion, the drain pipe was broken and pIuKffcd by Eastman's tenants, so that It flooded the basement of the hos pital. Eastman refused to allow tho HciiJHVi to enter his preiniM-s for l!ie purpoee of repairing the diimarje. The rewult was that the phyMicians brought suit aRitlnat ,atjiian and C. J. Johnson and wife to enjoin then from interfer ing with the drain and for dam age. The Injunction was nward eh together with $190 damages. Tho case wns nppeiled and tho lower court affirmed. Eastman made tho claim that tho right granted the Hninleys by Urown was conditional In that they were to keep the drain out of the way of any development the owner of the laud might undertake. The supreme court held that the agree ment was conditional, but that the conditions had not been violated. Tho HeWlcys were ordered by the court to lower the drain, which they did. A few wee lea later, says the op inion, Eastman determined to Lulld a nalatoiium on tho proper ty, which would again necessitate the lowering of the drain tile, lie lnnlstod that it would have to be lowered to a depth of about 10 "A leet below tho surface of the ground. Notice was served upon the lleisleyi to do so, nnd upon their alleged failure to lower It Eaniman notified them that their rinht to crofls hia bind with the drain w:is terminated, and insti tuted the second suit. Tho supremo court look the po sition that the question to he de termined was: "Should equily lend Us aid to Eastman in his aitenipt to cancel the right of tho llclaleyh to maintain their drain pipe across tho lot referred to?" In reply to this the opinion say.i that tho plain tiff has failed to convince the court that his demand bt reason able. "We have read tho testimony with care," says the opinion, "but. from tho evidence adducted, we arc not satisfied that the demand made upon the llei;Ueys Is equit able. That the plaintiff has a right to put his property to any lawful u ho must he conceded, He has a rii;ht to construct a swim ming tank, and the defendants loust protect that right by the roa ennable maintenance of their drain However, the plaintiff has failed lv unvtneo us by satisfactory evl C..cc that his demand that tho t.-. I'-n lanl.i again lower their drain ;. i HVsiiMn Is n reasonable demand ur that the pipe when lowered aw now demanded would drain the water from defendant's basement into t tin waters nf Silver creek. Erom a consideration of the whole case, we refuse to aid the plain tiff In th conecllation of tho de fend nit's license to maintain the drain from their luspltal." TREATY STALLED Pa rid, Jan. 7. (ny Associated' Pi'tw) Negotiation:) between ttio From h and (icrmans for ti commercial treaty have reached a deadlock. Jtoth side are avoiding sry action or declaration that might bo interpreted as a formal rup ture, but no ficrrct la made in French official circle that since the (lerman delegate returned from their holiday trip to tier many they have made further no go tint inns Impossible. Tho modus Vivendi proposed by the French as a final rosort to replace the provisions of tho nU commercial Agreement which will expire January 10, has nM been accepted by tho Germans and the French delegates nro ex ceedingly p(Hlmistic as to the outcome. USMRAB QUININE News from Woodburn News Woodburn. Jan. 7 ML Lake Watson of Kalitfpel, Montana, who has been the house guest of Mrs. H. T. Butterfied for two week has returned to Montana to resume her teaching. Miss Violet Jacobs who Is teach ing In eastern Oregon spent the holiday season with her parents, west of Woodburn. Mr. and Mrs. W. have returned from visit. Miss Elizabeth Norman Portland Hammelman, daughter of Mr. and Mrs. John Hammelman Is In the Salem hos pital, having undergone an opera tion for serious ear trouble. Mrs. A. E. Austin will be hostess to the Woman's club Wednesday afternoon, Jan. 7, the annual guest day of the organization. Mrs. J. Howard Peterson will address the club and a program of music and readings will be offered by high school students and club members. It It planned to make this afternoon affair very delight ful. William Kennedy, for fifi years a resident on the old Kennedy farm near Champoeg, died at the home of hits sister, Sarah and Mary Kfnncdy In this city, De cember 29, 1924, aged 76 years. Services at St. Luke's were held at 10 o'clock December 31 with Dr. Jtubes as celebrant of high mass. Interment was In Champoeg in the Yerg?n grave yard. Miss Alice A. Maquln, daughter of Mr. nnd Mrs. N. Maquin was married to Lee F. Graves son of Mr. nnd Mrs. Koy Graves at noon Wednesday, Ieceniber 31, at the MethodUt parsonage by Rev. B. Waddlngton. Tho bride's sister, Mrs. Amos Hasenyager and broth er, Ed Maquin were the attendnnU The young couple will moke their home in Woodburn after their re turn from a trip to Portland. The groom Is connected with the Urates Canning company. Tho Silver Falls Lumber com pany has furnished lumber for buildings of all types and sizes. Besides material for many altera tions and additions and numerous barns they have sold lumber for four nuto camps of two, three, four and seven buildings respec tively, for ono school house, one play shed, the Woodburn Fruit Growers warehouse, and for 16 poultry houses, 26 garages and 22 complete houses. Kadlo fans appreciate tho ap pearance of the weekly programs trom KGO, Pan Francisco, in the Woodburn Independent. The First Presbyterian church OF Portland, Or., .fun. 7. Prosld ing Circuit Judge Morrow, lu giv ing the new grand Jury its first instructions, has suggested that an investigation of Die Portland vigilantes, voluntary citizen po lice. District Attorney Stanley Myers said that he would give the grand jurors any assistance In the mat ter that they might ask. Judge Morrow pointed out that one citizen had recently been killed and another had been wounded by vigilantes. "These men are usually wW li mit polico experience and otten without military experience," he said. Roscdab News J toned ate, Or., Jan. 7. Don ('oppock Is v tailing relative Pi this vicinity. Almost til) persons enjoyed the Now Yeur'a watch party given at the lloje homo uist Wednesday ivenii.g, Winston Hurris, of the Oregon Agricultural colloce. has been en joying the vacallou at home. iM us) Laura ramm;uT? returned o Portland. Monday. Mitis Vorna Tittle v wiled friends Sunday. Mrs, Krehs of IHllsboro visited h;r mother, Mrs. Irwin, and other ulalives hero l;i it week. Mr. and Mrs. Hoyd Mates spent the week-end in Portland. Minj Florence Smith of Port land has been spending the v.iai t on nt the homo of her father, Marry Smith Frank Mtllrr and family and Mrs. Itnliy M. Klser and daughters of Salem took New Year's dinner at tho It. t'ammack home. Mrs. Kiser and M tafi-a Phoebo nnl Carol remained as house guest j until Saturday afternoon. Mrs. Yurnlnill, wtii has but a finite 111, Is much improved. STOP ITCHING ECZEMA Penctratinr;, Antiseptic Zcmc Willllolp You Never mind how olicn vou have tried nnd failed, yml can slop burning, itch ing Kczcma quickly by applying Zemo. In a short time usually every trace ol Kczmu, Tetter. Pimples. Rash, Mack heads and similar skin diseases ill be removed. For clearing the tkin and making il vigorously healiliy, always use Zemo. Ihe penetrating, antiseptic liquid. It it the one deixmd.:Me treatment for skin troubles of all kinds. Zemo Antiseptic Ijquklfor daytime use. Trial buttle Sic. I true size $1 ,U0. ZrmoOintnit'nt for ap plication at nicht.WV. ZwioSoap.aiili srptic and healing, 23c. All druggists. had an unusually full program Sun day, Jaaua-y 4, when the second Willamette Presbyterian deputa tion team had charge of the ser vices. L. E. Deane, a returned layman missionary from Elet in the Knmerun, Africa, talked at the morning service. While Rev. V. 3. Large representing the board of education and Rev. D. A. Thompson representing the board of national missions shared with Mr. Deane in the afternoon and evening programs, A union young people's meeting was held at 4 o'clock. A social hour and luncheon intervened between this and the evening service. The day's program presented the taiik of Presbyterians and gave a chal lenge to measure up to the last. Mrs. L. . Deane who had charge of the orphanage at Etet spoke at the Sun da; school hour and In the later services. Liberty Liberty, Or., Jan. 7. Mr. and Mrs. O. C. Grcttie visited at the Charlie 1'ugh home at Clear Lake New Year's. Claud Stevenson family received a telegram stating that Mips Smith and her invalid sister are to arrive from California next Tuesday. Miss Smith took her sis. ter to the initde climate, hoping that she would be benefited, but reports state that she is much worse. The next Crolson Canvon club will meet next Tuesday at the home of Mrs. Fred Kuebler. The Frost family have returned to their Portland borne after upending a -veek with Mrs. W. H. Matheson and children. Mrs. Albert Dougherty and don. Donald, who have been visiting Mrs. Dougherty's parents, Mr. and Mrs. W. J. Ncuens for several weeks, have returned to their home in Oregon City. Miss Elizabeth Harris of Roje dale was a guest in the W. J. N'euens home this week, Mrs. F. P. Scully is seriously 111 with a bad attack of tonsili'.Is. Frank Mahney Is unablo to be around on account of a severe cold Rettling in the muscles of his back. Willie nerndt is confined to his lied with a billlous attack. Har lan Judd, who is convalescing from a severe Illness, is back In bed again suffering with a bad cold. Doris, Kvelyn and Robert Anderson, grandchildren of Mr. and Mrs. P. CI. Judd, are 111 with throat trouble. K. L. Coffey and son, Alva, were Lebanon visitors last week. Misa Louise Schmidt has return ed from Marion, where she hue lon visiting relatives. lOarl Hedges of Monmouth was a recent visitor of Mr. and Mrs. 1'. ti. Judd. Tho pupils of the upper grades want to thank tho editors of The Capital Journal and the Statesman for sending their dally papers to the school as a reward for these news notes from Liberty. Good use is made of them, and they are much appreciated. The champion Item gatherers for the past month are as follows: Sixth grade, Venlta Hains, wl'.tl Leo Ohinart as a close second; iieventh grade, a tie between MaRilalcna Schr.ildt and Edit Matheson, each with fifty puhltsu able living, followed by Elleu t!i'iicn with forty-eight. In the eighth grade Sabina Schmidt led with Lela Fox eecond. Next Friday night Is the regu lar meeting of the parent-teacher's association. Come and enjoy these meetings that are proving of In terest to largo audiences, each oc casion under the able manage ment of the president, Mrs. Claud Stevcnsjn. Mr. an I Mrs. Mickey nnd daugh ter of Portland were New Year's Kii'sts of Mr. and Mrs. A. B. Hro wning. Mr. and Mrs. Wright recently visited relatives In Portland. Misi Pearl Srott is now attend ing business college In Saleni. Kd Neuens, who is workinfT at Valsetz, visited relatives here last Sunday. Mrs. Karl Cone spent the week end with her parents In silverton. Mr. and Mrs. J. Krsklne of Jef ferson, parenls of Miss Dorothy Krskinc. the intermediate teaeher. were dinner gne.Us last Frid.iv evening of Mr. and Mrs. H. V. (Hi mart. M. P. Adann !s suffering with an nttaeU of poison onk. Kn.ioyatile short programs n.v being given In Mrs. Hoari's room HAVE COLOR IN CHEEKS Be Better Looking-Take Olive Tablets If your Rkin is yellow complexion pallid tongue coated apiK'titepoor you have a bad taste in your mouth l lazy, no-rood fcelinc vou should take Olive Tablets. IV. hdwardi' Olive Tablets a mib jtitute for calomel were prepared by Dr. Kdwards after 17 years of study. iV.I'Mwards'OliwTabletsarf arwrely vcrc table compound mixed witholive oil. You will know them by their olive color. To have a clear, pink skin, bright eyes, no pimples, a feeling of buoyancy like childhood clays you must get at the cause. lr. Edwards Olive Tablets act on the liver and bowels like calomel yet have no dangerous after effects. They start the bile and overcome con stipation. Take one or twoniehtlv and note the pleasing results. Millions ol boxes are tuM annually at 15c aod 30c Ne&rby Valley Points Silverton News Silverton, Or., Jan. The First Christian church of Bilrei ton met (or its annual dinner end business meeting- . t the church ao cial rooms Monday evening. Due to considerable illness In the com munity not as large a crowd as usual waa in attendance. Eignty were served at too a o'clock d'.n ner, following which the annual business session waa held with T. H. 1'reston, chairman of the board of trustees, presiding. Reports irom the various committees were given showing a very successful year for 1924. The financial com. uiittee reported that $2000.74 bad been banked during the poet year ana mat the treasury had, at the end of tho year, about S200 to the good. Membership had Increased 25 during th-j year, making a to tal of 326 members. The mem bership of the missionary society, it was reported, had very nearly News each Friday morning. Two pupils are responsible for each entertain ment and do the entertaining without assistance from teacher or other pupilti. All year these pro grama have been looked forward to with pleasure, for they are vur led and always Interesting. Mrs. C. W. Campbell and dauch- ters of California were guests of Mr. and Mrs. A. B. Browning last week. Mrs. Fred J. Browning Is visit ing her Bister, Mrs. Tarr, of The uaiies. Mr. and Mrs. H. L. McMurpby of Kails City were recent visitors or. Mr. and Mrs. W. H. Dorman. Fred Scott, who bas been af flicted with bolls, Is some better at this writing. John Simmons, who was a Civil war veteran, died last Saturday at the Deaconess hospital in Salem. The "boys in blue" are rapidly bo- coming lees, soon we shall be able to cherish them in memory only. Mrs. Harold Zosel, Mls9 Ma Matheaon and Miss Cecelia Mur- hammer, are the latest school vis itors. Mrs. James Woite and baby re turned home New Year's 'day from a hospital in ealem. . Mr. and Mrs. Marion Kueblcr. and baby of Portland were New Year's guests at the Matheion home. Mr. and Mrs. Fred Kueblcr and two sons were also there. Theodore Hrunetz, who is at tending school in Corvallie, hiia re turned, after spending his vaca tion at home here. Mnny from Liberty attended the watch pary at the Leslie church. All had an enjoyable time. D. J. Klasscn left Sunday for Sweet Jiotue, where he will work in a logging camp. Mr. and Mrs. H. Gilbert have been visiting relatives near Port land for the past two weeks. Ed Weetcnhouse has been 111 with la grippe, but Is now better. Mattias Schmidt spent New Year's with relatives here. lie ie a former Liberty boy, but now lives at Marion. It V. Ohinart ts now employed ffl Junior Day size 25c boxes of M Juniors to be given without cost to our customers who present this coupon below on the date specified. A F .tn:A.M "Chips off the Old Block" - is a new Ptf JUniOlS form of the old reliable Nature's J12L , Remedy (M Tablets) which has been found dependable for over 30 years as a relief for diseases caused by Faulty Elimination Constipation, Indigestion, Rheumatism. ' . '' Cutthl, out. n - ta CEM To YOU Ontf Junior Day Bring this order to our store and we will delivet to you without coat hill uze 25c boxof Nl Juniors. This FREE box will be given out only on date specified ud only one to s person. Write your name and address below. Received one full bos of Juniors NAME, : PRESENT AT DAHI3L SAY "BAYER ASPIRIN" -fyrwm. Unless you see the "Bayer Cross" on tablets you are not getting the genuine Bayer Aspirin proved safe by millions and prescribed by physicians 24 years for Colds Pain Headache Toothache Pes t 1 hSy - S I SJpUia Is UM trail Bark of tUrtr lU&uftcuttt ot UoaMiaucachkvu of SiUertlctcl. doubled, Giving it a membership of 47. Election of officers was &!n held, many of the old officers be lne re-elected. Officers now are: T. E. Preston, chairman of the board of trustees; Mrs. W. Egan. church clerk; E. Geer, treasurer; Frank Rahn, financial secretary; members ot the board of trusteed, Dan Reiser. L. V. Mascher, J. P. Conrad; superintendent of Sunday school, Mrs. T. K. Preston. The American Legion auxiliary held iU first meeting of the year Monday evening at which time the new president, Mrs. C. M. Wiay was installed. ery little bust ness came up for the evening. A report of considerable interest, however, was that given by the auxiliary welfare committee show lug that its riembers together with a like committee from the parent-teacher's association had taken care of 22 children at Christmas. The Lutheran Homo Seekers Agency of Oregon which opened its head quarters at Silverton last spring, has out-grown its offices above the Penuey company store and is now getting settled in the W. S. Jack bunding on North Water street. The building bus been completely remodeled to suit the needs of the company. A heating plant has been installed, offices have been built for both A. O. Nelson and Carl Benson, who are in charge of the company, and an attractive lobby has also been built. Friday evening, January 9, Is the evening: set aside for the SU verton Playmake. i play, "Nothing Hut the Truth." The Silverton Playmakers is a higb School or ganization which has given a nnm- at the state house. Mr. and Mrs. Max Jonlentz of Portland spent New Year's day with Mrs. Jonientz parents, Mi. and Mrs. Joseph Schotthoefer. Theresa Schotthoefer, who is at tending Willamette university. has been home on a two weeks' vacation. G, W. Hoffman of Prospect was a guest of Mr. and Mrs. Bruce Fox recently. Fred J. Browning is adding to the equipment in his candy factory. He has lately put in a marshmallow beater that will beat up a hundred pounds at a time, and ho has just installed a steel slab that weighs a ton. Simple Way to Take Off Fat Can anything be simpler than i taking a convenient little tablet four times - -ch day until your weight is reduced to normal? Of course not. Just purchase a box of Marmola Prescription Tablets from your druggist for one dol lar, and start now to reduce. Fol low directions- no starvation diet ing or tirceome exercising. Eat substantial food, be as lazy as you like, and keep on getting slender. Thousands of men and women each year regain healthy, slender figures by using Marmola Tablets. Purchase them from your drug gist, or send direct to Marmola Co.. General Motors BUlk'-. Ie- trolt. Mich. Adv. To quickly introduce M Juniors, the manufacturers have furnished ua with a limited number of full without cost ss per your off a. ..ADDRESS . OUR STORE : :(fl I FHY Neuralgia Neuritis Lumbago Rheumatism Accept onlv "Bayer" package which contains proven directions. Han (W "lUTer" boxes ot It UMrt. Alw bott!cs"of 24 and 100 Urumista. bcr of pleasing plays to tne Siive ton snow-xoers. This year H. A. Koed. principal ot the Silrerfon bleb school, s coaching those tak ing part. The play wilt be given at the Eugene Field auditorium. Mrs. Harold Craig ot Portland is spending a few days at the home of her parents, Mr. and Mrs. Mar ion Palmer, while Mr. Craig Is at San Francisco on business con nected with the Southern Pacific company, with which company lie ia employed at Portland. Miss Bertha Tates Is 111 at the Silverton hospital where she re cently underwent an operation, the second operation she has on drrgune during the past two years. Merl Baltimore was hurt at the Silver Falls Timber company mi!l Monday afternoon when he fell from a fourteen foot pile. Air. Baltimore fractured his wriet and received neveral other painful bruises. Alvln Legard went to Salem. Tuesday, for an operation on hie throat. Mr. Legard haa been sut ferrtng from throat trouble tor some time. Capital Journal Want Ads Pav Lift Off-No Pain! Doesn't hurt one bit! Drop a little "Freezone" on an aching corn. Instantly that corn stops hurting, then shortly you lift it right off with fingers. Your druggist sells a tiny bottle of "Freezone" for a few cents, cents, sufficient to remove every hard corn, soft corn, or corn be tween the toes, and the foot cal luses, without soreness or irrita tion. Adv. EWARE THE THAT HANGS ON Chronic coughs and persistent coldi lead to serious lung trouble. You car stop them now with Creomulsion, an emulsified creosote that is pleasant to take. Creomulsion is a new medical difcovcry with twofold action; it soothes and heals the inflamed membranes and kills the germ. Of all known drugs, creosote is rec ognized by the medical fraternity as the greatest healing agency for the treat ment of chronic coughs and colds and other forms of throat and lung troubles. Creomulsion contains, in addition to creosote, other healing elements which soothe and heal the inflamed mem 'iranes and stop the irritation and in .animation, while the creosote goes on o the stomach, is absorbed id to the b'ood, attacks the seat of, the trouble and destroys the germs that lead to consumption Creomulsion is guaranteed satisfac tory in the treatment of chronic coughs and colds, bronchial asthma, catarrhal bronchitis and other forms of throat and lung diseases, and is excellent for building up the system after colds or the flu. Money refunded if any cough or cold, no matter of how long stand tng, is not relieved after taking accord ing to directions. Ask your druggist Creomulsion Co., Atlanta, Ga. (Adv.) NS Cloverdale News Miss Haiel Bones of Turner spent several days here with alios Mary Hennles. A group of neighbors met at Mrs. Frank Bchsmplerre Wednes day evening to watch the old year out. Those present were Mr. and lira. Ivan Hadley, Mr. and Mrs. Earl Neer, Mr. and Mrs. L. B. Hennles. Miss Mary Hennies, Al bert Hennles and Mr. and Mrs. Frank Schamplcrre. Mr. and Mrs. Frea Schlffcrcr and children, Mabel and Mildred, spent Sunday in Silverton with Mrs. Schlfferer'a brother and fam ily. Mr. and Mrs. J. Cooke drove out from Salem Sunday to visit their ranch, returning home Monday. F. A. Wood of Salem has bought the W. F. Wright property nnd ex pect to move In this week. The Wood family left this neighbor hood only two years auo and their old neighbors are certainly glad to welcome them again. W. H. Wilson was a Salem visit Never neglect lame muscles Sit1 H Try this never - Going around half-eripp'.ed by lame muscles is needless when it's so easy to get limbered up with this world-famous lini ment. Pat on gently a little Sloan's. It needs no rubbing. The liniment itself does the whole job. In it are stimulating ingredients that Southern California Kx press to Los Angeles daily at 11:23 a. m.. al.so carries through sleeper to san j? run- To San Frniioteco "Shasta" lu:i3 a. m. 'Oregonlan S a. m. "San Francisco Exiiross"..10:56 .p.m. A. A. Mickel, D. F. & P. A., 0. L. Darling, 7 Jt The New Year Awaits There are practically 3G5 days ahead days that provide a way of making 1925 mean more in a financial way than the years which have passed. A helpful, serviceable and cooperative banking con nection such as is afforded here at the United States National bank can, if you so desire it, work with you to insure days of prosperity ahead. May we talk over with you the plans you have in mind for the months to come? United States . National Bank Salem. Oregoiv By Capital Journal's Special Correspondents or Saturday. Mrs. Anna Kunke .pent Thurs day In Turner wHh Mrs. T. E. Whitehead. Mrs. Anna Kunke had her cou sins from Silverton (pending the week end with her, John Schifferer waa a Salem visitor Saturday. Mr. and Mrs. Charles Curnminga and Kenneth Russell spent New Year's day in Salem with Mrs. John Thomas and family. Sure Relief FOR INDIGESTION 6 Bell-ans Hot water Sure Relief 25, and 75, Packages Evwywbero failing treatment start the blood circulating swiftly through the stiff, painlul muscles, and this increased supply of fresh, pure blood washes out fatigua poisons and rebuild broken-dotvn thave. Marvellously your lame ness is gone. Millions know and use Sloan's. All druggists have it-35 cents. kills pain! HrwmOAni DELL- through the warm SOUTHLAND to the East Plan yourwlnter trip east via Shasta route to sun swept California thence via the scenic Sunset route to New Orleans and the East. Enjoy the comforts of the New Sunset Limited through the romantic Southwest to New Orleans See this year's colorful Mardi Gras pageants. And you'll like Southern Pacific dining car see vice highest quality food deliriously prepared and served at your accustomed meal-time. Low round-trip excursion fares; full stop-over privileges. . For full information, ask IClflC 184 N. liberty St., Phone 41 or 80 Agent, Salem, Oregon