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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (July 10, 1925)
FRIDAY, JULY 10, 1925 THE CAPITAL JOURNAL, SALEM, OREGON 1PAGE THREE COMPROMISE IN ROYALTIES CASE The state la saved at least $125, 000. and perhaps much more. It ts believed, through a compromise that was announced yesterday by Attorney Goncral Van Winkle by which litigation between the atnte and the Wan-en Brothers company Is brought to an end. Acting for the state were the attorney general and tho state highway commission, and the company was represented by Its attorney. The settlement Involves the fa mous patent pavement case, which was tried ou in the federal courts and won by the Warren Brothers company. After a bitter fight In the legislature of 1019 an act was passed authorizing the state high way commission to use paving composition on which the Warren company claimed a patent and which' was known as butulithic. The commission authorized to dls regard the company's claims of royally, but the state was pledged to protect tho contractors In event litigation should be brought and they held for royalty payments. The Warren Brothers company sued Oskar Huber, one of the con tractors that was laying bltullthic. Huber died, and E. T. Cookingham administrator of his estate, be came the defendant. The United States district court for Oregon and the United States circuit court of appeals upheld In the mnln the contentions of the Warren Broth ers company, and Indicated a mini mum judgment of $350,053 .gainst the state, or a royalty of 15 cents a yard for 1,079,800 yards of. pavement with Interest at 6 per cent to-- about five and one half years. Also the court has in dicated, In a later suit filed by the company against the highway commission. (ho possibility that punitive or triple damages might be assessed against the state, which would total a judgment of $798, 183. "The representatives of the state have finally succeeded," said At torney General Van Winkle, "in ecuring an agreement with the at torneys for the Warren Brothers company for a settlement of tho entire controversy for $225,000. The attorney general and the state highway commission are in full ac cord that th bet interests of the tnte are served by making- this set tlement, thereby effecting a saving of at least $125,000 on the Indicated Judgment, and a possi ble saving of approximately $574, 000, should tTie court award puni tive damages. The patents involv ed In this litigation expired in May, 1920, and no royalty has been paid on any type of pavement laid since that date." Grand Rapids, Mich. W. L. (Young) StriblitiR, Atlanta light heavy weight, knocked out Hilly Freas of (iitnd Rapids in the sev enth round. Scopes Trial Only Revival of Old-Age Search for Truth ik- New York, July 10. (A. P.) The age-oid effort to define truth will be revived when Professor John T. Scopes. Temurae evolu tionist, has his day in court. 1 1 is indi-jtmeni for teaching th; Darwinian theory in public schools contrary to the stututo has prece' dents which reach back for cen turies. In America they date vir tually from Plymouth Rock: the world at Mrso, from tho dawn ot the Christum era. The now nationally knowu "Scopes case" Is recognized ukin Lo prevailing differences between modernists and fundamentalists which have increased with tuc rieo of Dr. Harry Emerson Fos- dick. The lust-actual trial occurred in Cleveland, Ohio, in Alay, 1924, when William Montgomery Brown former Protestant Episcopal bish op of Arkansas was pronunced guilty by a church court of hold ing beliefs at odds with the ac cepted doctrine of his denomina tion. II o publics avowed com munism and excelled atheism. In the '90s, Prc.essor Charles A Brigg, a Preshyt.ian seminarian of New York cHy, was charged with having expressed himself i variance with the Westminst' confession, Tho New York Pres bytery cleared him, but the gen eral assembly of the church re versed the decision and pro nbunced a verdict of suspension. Dr. Richard richer Newton, i New York Eijifccopalian, of the iiame period, cut short charges against bin "broad churchman- ship by dcmanaing a formal trial, ilia ueinauu was met but the plaintifiti failed to appear. David Swing ot Chicago left the Preebytenan faith to preach lndc pendently In the '70s when those citing him for alleged heresy re fused to abide by his acquittal at the hands of tlra Chicago Presby tery and threatened to appeal lo the synod. Mrs. Sarah B. cooper, Sunday school worker, was haled before the Presbyterian authorities in San Francisco about 1870. Theologians to survive heresy proceeding-.! and gain what was re ported as a firmer position were Horace Busline.?, Congregational- ist of Hartford, Conn., in 1849; Proforaor Philip Schaaf, whose ac quittal in the German Reformed church in 1845 was echoed for 35 years in tho "Mirccrsburg contro versy"; Lyman Bcecher, father of Henry Ward Beccher, and Presby terlan pastor In Cincinnati, in 1835; and Itav. Albert Barnes, Presbyterian of Philadelphia, 18.17. The witchcra't delusion In Sa lem village wan the tragic climax of controvereialiMU In colonial days when nineteen were hanged and one "pressed to death ' in IG92. Henry Durster was forced to re sign as the first president of Har vard college In 1654 after he pub licly dountcd validity of in tan t MOTHER - F5 .Castoria is especially prepared lo relieve Infants in arms and Children all ages of Constipa tion, Flatulency, Wind Colic and Diarrhea; allaying Fcverishness arising therefrom, and, by regulating the Stomach and Bowels, aids the assimilation of Food; giving healthy and natural sleep. To avoid imitations, always look for the signature of Absolutely Harmless No Opiates. Physicians everywhere recommend it llllsis baptism. He won mso indicted by a ginnd jury as n ncretic and sen tenced to "a public admonition" and placed under bond lor good ueujmor. Samuel Gorton, religionist, about 1040 n virtually duported to England 1-ecausc of the unpopu larity ot his temperament, and views. Ho retu.icd to America under letter of sitre conduct issued by tho Earl of Warwick to the Massachusetts magistrates. Gor ton's troublu started In Plymouth colony when ho came to the de- tense of his wife's servant who had smiled In church. He suf fered successive banishments from Plymouth, Newrort, Rhode Island and Boston. A sect which adopt ed his antinoni'.auism survived him one iiundied years, records snow. England was stirred in 1407 when Master William Thorpe, priest, was "examined of heresy" before Thomas Arundel, arch bishop ot Canterbury and Lord Chancellor. The first heretic of Christian times was Simon Magus, the ma gician, of Samaria, according to the writing of St. Alphonsus M Uguorl. Simon was cited in Acts of the Apostles as having attempt ed to buy the secret of the laying on of hands from the Apostles Peter and -Paul The sale of holy things ever afterward became known as "simony." NEW INCORPORATIONS The following articles of incor poration were filed yesterday with the state corporation department: Kwickwash Sales company, Port land; Incorporators, Harry A. Austin, E. J. Elvers, Thomas E. Cosgrove; capital, $1000. CIGARETTE TAX Chief Justice McBrido of the supreme court yesterday issued an alternative writ of review in an original proceeding filed for the purpose of getting a change made in the ballot title of the tobacco tax referendum bill. It Is the case of tho state on relation of John H. Carson, district attorney for Mar lon county, against Secretary of State Kozer and the Oregon Retail Tobacco Dealers association. The defendants must make answer in the case on July 24. The case is an appeal from the lower court where Judge McMahan dismissed the case on grounds that the wrong procedure was being fol lowed by the plaintiffs. - The petitioners aver that the ballot title is unfair In that it does not properly describe the act. E Interest is keen In the game for Sunday between the Salem Sena tors and the Crown Willamette nine of West Linn. The race Is coming to a climax with only four more games of the interstate lea gue and a postponed game be tween the Luckenbach nine and the locals. Had Salem won their game last Sunday they might be sitting on top of the world but In asmuch as they failed to come through they will have to play airtight ball all of the rest of the games to cop the pennant. Two things ruined the Senators' Free From Mosquitoes Free From Flies $ Black Flag Kills Every Single One Black Flao strangles flies, mosquitoes and roaches. Not one es capes for Black Flag contains a secret vege table ingredient that bugs breathe and die. It is the surest killer of insects ever discovered. But it is ab solutely harmless to humans and animals. Black Flag also kills ants, moths, dog fleas, bedbugs, plant lico and chicken lice. It will rid your home of every kind of insect pest. Ordinary insecticides kill, at best, only 6 out of every 10 bugs. The four which get away breed hundreds which return. But Black Flao doesn't let ono get away. It kills 10 out of every 10 bugs. Black Flag is mado in both pow And It is the surest killer of roaches ever made. Not one escapes. and der and liquid. Both are equally deadly lor ail kinds of bugs, with these three exceptions always use tho powder only to kill dog fleas lice. Never use any liquid on furs; use the powder to make them mothproof. Many people use both pow dor and liquid, preferring the liquid to kill flics, mosquitoes and mothB the powder to kill roaches, ants, bedbugs, dog fleas,, plant lice, chicken lice. Black Flao costs less. Powder, 15c up. Powder Gun, 10c Liquid, 25c up. Sprayer, 45c. Introductory package containing can of liquid and sprayer for only 65c, At drug, grocery, hardware and department stores. Buy Black Flag today. BLACK Ft FLAG dPCSr back 3lStb Atk your font ticket agent . far comp'.ete details and tht . "Acroit Canada" ioWer. Ftt. inlendtrilv-flTtnointed tram continental troins carry you East vli the Canadian Pacific vstcm Law Summer Faret from May 22 b Stptemba 15 to EW YORK CHICAGO MONTREAL TORONTO WASHINGTON BOST0N.B. ST. LOUIS TWIN CITIES fUturn Limit October SI Four Traftii Each Day Each Way, splendid Mrvics and equipment; stopovers wherever you wish, including die famous Canadian Pacific mount rcsorts. W II I)emon GerilAaent PasfrDepl 55ThirdSlMulhwmQhHolelBldQ.PortlQtuI For freight lee O. H. Becker, District Freight Agent chancea in the game last week. Ov erconfldence and errors by Bouton, shortstop for the locals. Bouton made two errors that helped ma terially In the Albany scoring, the most glaring one being In the ninth which allowed the winning tally to cross the plate after two were out. The Senators were a little too overconfident as they kept think ing that they wore cinches to got at Beamls who hurled for the win ners. Beam la started for the Sona tore here at one time and failed to have a thing, but overconfidence la liable to beat the champion. Edwards will Mart BUI A.shby on the mound for the locate and will be behind the .bat himself. Ash by has been hurling good ball lately although he tires along about the seventh frame. If tho team gets In and backs him up, well It is almost a cinch. But don't be too confident as the West Linn team has a strong aggregation and with Bittles, Stone and King for the battery they will make the go ing rather rough for the locate. DOG GIVES LIFE TO SAVE MISTRESS FROM RATTLER Muskegon, Mich., July 10. (A. P.) "Krip," an old brlmlle Imil dog owned by Miss Mabel Hilt, gave his life Wednesday to save Ins mistress. '.Vlillo walking near hr cottr.ge sin came up on a rattle snake coiled, ready to strike. For Information About Railroad Trips Phone 727 SOREGON Jk. ELECTRIC "Krip' attacked the reptile, kill ing It, only after he had been se verely bitten. Within an hour the dog had died. FROM GIRLHOOD TO MOTHERHOOD Through all these periods of their existence thousands ot wo men toil on, often suffering with backache, pains In eldc, head aches and nervousness, all telltale symptoms of some local derange ment. Lydia E. Pinkham'a Vege table Compound Is the one great remedy that will overcome such ailments. All over America wo men are telling other women how this wonderful medicine has re stored them to health and the joy of living. This accounts for the tremendous demand for this pop ular medicino for women. Adv. CORNS See how lostant and completelayonrrellct from all pain with Dr.SchoU'a Zlno-pada to Corns. The toothing, beating medication la them produces this rnagic result. Safc.antf aeptlc. Removes the pressure and rubbing ef tight ehoea the cauao of corna. Coattrat a trifle. At all drug and ahoe atorea. BXScholVs Put one on the pain is gone V -1 'iff-' ' ft-1 jF ' v t i,"", I Hffflrl e 4 1 joey satiSi dsci iption of Qi y is no its a liter taste esterfields S V C H fP O P U-LA ILLTY ICI'US T B E D E'S;e:P.V.E.D Liggett tc Myui Tobacco Co. I have gleaned from my large stock of genuine leather Hand Bags quite a few which I am discontinuing. They are all regular stock sizes, shapes and patterns. This is a regular Hand Bag Opportunity And I do not hesitate in saying that you will be more than pleased with any you select, as they are priced far below regular. MAX O. BUREN FURITURE RUGS WALL PAPER 179 North Commercial Street, Salem, Oregon I BASEMENT SPECIALS 4 Boys' Heavy Blue Denim Overalls 89c Men's Cotton Socks 15c Men's Blue Wrist Canvas Gloves 10c Ladies' White Canvas Oxfords 98c Ladies' Black Oxfords, all leather 98c Ladies' Ribbed Union Suits, knee length, good quality, regular $1 garment. . . ,59c Bungalow Aprons, good quality gingham, regular $1.25 get them now for 69c Field Straw Hats .....10c Children's Play Suits, all sizes 59c Men's Work Shoes $1-98 Men's Dress Shoes $1.98 Men's Ribbed Union Suits 79c Children's Play Shoes 98c Klenzaro Washeng Powders, saves two hours hand rubbing, regular price 25c; we are closing them out 5 pkgs. for . . 25c Jap White Cup3 10c Women's Black only Fiber Silk Hose. .49c Call In Your u PreT333 Groceries WEEK-END SPECIALS C. & H. SUGAR 100 lb. bag $6.28 10 lb. bag 62c FLOUR Blue Ribbon, 49 lb. sack $1.95 Fisher's Blend, 491b. sack $2.53 SALT 3 lb. sack 7c 81b. sack 18c 251b. sack 45c COMPOUND No. 5 pail 89c No. 10 pail .$1.75 PANCAKE FLOUR Fisher's Blend, 10 lb. sack C9c DUTCH CLEANSER 2 cans 15c COFFEE Peaberry Blend, lb. . 35c 31b. bag $1.00 C. 0. D. Orders Given Prompt Attention DIRECTOR'S DEPT. STORE Corner Court and Commercial Sperry's ROLLED OATS 10 lb. sack 52c Quick Cooker, 10 lb. sack 59c JARS Buy the Best Jars Self Sealing, qts., doz 85c Self Sealing, wide mouth, qts., dozen $1.15 Self Sealing, pints, doz. . . 70c MATCHES Ohio Red Label, 6 boxes 25c Citrus Washing POWDER 2 pkgs 45c SALMON 1 lb. tins, 3 cans 44c PINEAPPLE Sliced No. 212s, 4 cans .95c
