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