W-lrfliteilllfilitfiidi-illiTTiih VT7 iSJn, Polk- CEmmtg wbuvxm 2 (THE HOME PAPER) DALLAS, POLE COUNTY. OREGON. FRIDAY, DECEMBER 17, 1915. (TWICE-A-WEEK) NO. 83 i::W START .:cATior .ZIDCEC ponty Coixr i Discuss . r FOR PROPOS-.TISFACTORY Folk and Marion .on at Meeting Wednesday. consider a sd in co' r the Beos"- a state highway depart ent d 1 i it follow the instructions id do.,.ies of the courts of Polk and anon counties, in preparing detail s Deifications for the proposed in- r-county bridge, the two courts were med to hold a joint session at the uk eonnty court house on Wednes- V to thresh out the misunderstand- J .. ... i. that was created, ai a recem setingr of the t 1 o courts at Salem ey went on rv d as favoring the nstruetian c a s ei structure not exceed in $150,000, and ex- the ives as being willing norete span not to ex ,0,000, if suitable plans could not be obtained. e courts o.rectea tne nignway ae rtroent to prepare detailed specifi tions for both types, under the lim tions decided at that meeting, and vertiBed for competitive plans from jr engineer, or firm of engineers, 0 cared to compete, with a prize of 000 for the winner. In place of iding by the letter of the instruc ns given by the courts the engineers the- highway department overstep 1 themselves and prepared specifl- ;ions for a steel span whose load rs were far beyond all reasonable nands, thus sending the limit of U,000 up to approximately $11, ), the same or more than the cost a concrete bridge. Jeonomy has been the keynote of ambitions of the two courts, and en the specifications were submit by the highway department it s apparent that a serious mistake 1 been made. The engineers made bridge capable of holding a great excessive load. There was to be a id load capacity of 80 tons to the foot panel, in addition to a live i of 100 pounds to the square foot, in excess of anything that has h constructed outside of Portland, I heavier even than railroad bridg The requirements as outlined in specifications for a steel span ild bring the cost of such a struc- B to nearly the same as that ot crete, when it was intended that i cost would be kept within $lo0,- . The Polk county court strongly :ed its objections to the specihca- is at the meeting here on Wednes- ', and the Marion county court i showed its displeasure. It is, ref ore, more than probable that in competitive plans are opened at Bm on December z4 all will be re ed, and the entire accomplish es will back up and take a new t. It is proposed bv the two rts to receive from the highway artment just exactly what they ed for namely, two sets of speci tions, one for a steel bridge to ; not more than $150,000, and the !r for a concrete span to cost not e th 1 $250,000. So specific were spec ations as prepared that no tude v s offered to engineers in plan competition, and the best rt c' ' not be secured, l ada on to the members of the conn i, most all of whom express heir d. isfaction with the meth ised by t.ce state highway depart t, the n ting on Wednesday was nded by a number of taxpayers n both comities. There were also ge experts and legal advisors. IMER DALLAS MAN PASSES. It will give them an idea of Dallas and the county of which it is the seat of justice. Among the Churches. The Rev. George H. Bennett of the Methodist church has accepted the invitation of the Dallas Masons and will deliver a special sermon at a meeting of that order on the Sunday following Christmas day. Minister Howard McConnell of the Christian church will take "Family Religion" for his morning subject next Sunday. In the evening his theme will be "Racoon John Smith." The subject of the lesson-sermon at cthe Christian Science church on Sunday will be: ''Is the Universe, Including Man, Evolved by Atomic Force?" UNIQUE CASE IS HEARD JUDGE BELT RULES AGAINST ACCIDENT COMMISSION. Parents of H. J. Moore, Accidentally Killed, Shall Receive $20 Per Month From State. ' BELT DISMISSES CASE HONORED CITIZEN DEAD ELI T. HENKLE OF . INDEPEN DENCE PASSES AWAY. Deceased Had Been Respected Resi dent of Oregon for More Than Forty Years. V, Madison, in Business Here For fears, to be Buried Tomorrow. . A. Madison, formerly prominent i as a businessman and lodgeman, at the family home at Indepen !e last evening, the cause of death lg tuberculosis. Mr. Madison s :b came after a long period of suf- n.g ironi tlio dreaded disease. He es a widow and a son, Harry Mad- . As a businessman in Dallas Mr. lison made a host of friends, many 'hom will attend the funeral to be at Independence tomorrow. The rat services will be conducted by Elks' lod;ro of which Mr. Madison a popular member. At the time is death he was 47 years old. R. 'harunau of Dallas has charge of esse at independence. r i c-cavER of today. ' t" i "ost Complete Regular ju -ver Issued Here. ni-; of a sixteen page paper re ally every line of which if n since the Tuesday issue, i I e. rapacity of The Observ er isant and printery. Pre r t!i typesetting machine, r.Iootv. who has been with -er for more than two tx-en the busiest person in 7 his working hours, not r. Frank Bethel in charge a meal end of the plant, and his employes, are paper which goes into f more than a thousand as rwidenta today. It is y t " moht complete regular of j! iv paper ever produced in ' A fer reading vour copy, it a '.road to some friend. An outstanding character and a good mart passed to their final re ward at independence on Tuesday, when Eli T. Henkle died at the age of 69 years. Mr. Henkle, who was justice of the peace for the district in which he resided, was buried on Wednesday afternoon at the K. of P. cemetery south of Monmouth. His was a life of action; he was always a man up and doing. In '1807 he crossed the plains to California, and deserted that sunny state to come to Oregon in 18G7. For nearly thirty years of the 48 years he had been in Oregon Mr. Henkle had lived in Polk county, most of the time at Indepen dence. He was born in Lee county, Iowa, in 1840, was a member of the Presbyterian church since he had reached his majority, and was a mem ber of the Odd rellows lodge ior 4o years. Fraternally he was also as sociated with the A. 0. U. W. and the Fraternal Union. In 1879 he was married and is survived bv Mrs. Hen kle and one daughter, Emma, who is a teacher in the Corvallis schools, Other relatives to mourn his passing are three sisters, Mrs. W. H. Walker, Mis. Abram Nelson and Mrs. Mary A. Davis. He leaves four brothers, R. h. Henkle, Amos, James and Abra ham Henkle, all living near Philo math in Benton county. In a strong republican community Mr. Henkle was so popular, that al though a loyal democrat, he was elect ed last year to the office of justice. Within the past year he suffered a broken leg, and in spite of his ad vanced age he overcame the injury nd seemed to mend nicely. HSs death came as a greri shock to many of his hundreds of friends through out the county. Judge H. H. Belt, without the usual precedent to follow, handed down a decision in favor of the appellants, William B. Moore and Anna A. Moore, dependent parents of the late H. J. Moore, in their appeal from the award of $10 a month made by the state industrial accident commission. H. J. Moore was accidentally killed in Polk county some time ago, and his parents being dependent upon his earnings for their livelihood, the ac cident commission awarded his moth er and father a monthly benefit of $10. Ihis was not nearly the amount contributed to their support by the young man, and' the parents appealed from the ruling of the commission. The case was unique in Oregon law, being the first one of its kind pre sented and no precedent had been es tablished upon which Judge Belt could base his decision. The account book kept by the young man showed that he had contributed an average of $40 a month to the sup port of his parents, and the court ac cepted the accounts therein as being 'true statements. Therefore. Judge Belt's decision grants the parental appeal tor an increase or the allow ance of the commission to $20 month ly. The general tone of letters sent by the son to his parents discloses that he was a most dutiful young man, and the court expressed itself as not being justified in finding the accounts submitted to be false. "The record submitted under the stipulation in this case is so measn in many respects that it is difficult to reach a satisfactory conclusion. says the court's decision, "and it would have been much better perhaps from the commission's standpoint, if the court Had had an opportunity or seeing the witnesses and hearing them cross-examined in reference to the amount of money actually contribut ed. After a careful consideration of the authorities cited, and the briefs of counsel, and after having made an independent research of the authori ties bearing on the question at issue, I am of the opinion that the appli cants, William R. Moore and Anna A. Moore, his wife, are entitled to an award of twenty-dollars per month and to recover their costs and dis bursements herein." MIXUP OVER MONMOUTH PROP ERTY IS DECIDED. Court Holds That Title to land Nev er Passed From Campbell There Will Be No Appeal A PEASANT EFFECT. A royal blue velvet ts used for this peasant gown. Tbe snugly fitted basque bas aa apron-like tonic, while tbe effect Is farther accentuated by tbe pockets, which are set like tboae oa a Normandy apron. The abort skirt le quite full, end tbe V shaped neck ts Bnisfaed with a turnover collar lined with white a tin. Eastern Star Elects. At the annual election of the Order of the Eastern Star, on Tuesday even ing, the following officers were chos en: Mrs. tmma Jost, worthy ma tron; Mark Hayter, worthy patron; Mrs. Emma Miller, associate matron; Mrs. Estella Barnes, secretary; Mrs. Nellie Farrington, treasurer; Mm. Blanche Hamilton, conductress; Mi's. Lucile Sweeney, associate conductress. Two candidates received the de grees and about sixty members en joyed refreshments at beautifully dec orated tables in the banquet hall. Sells Lane County Farm. H. G. Campbell has traded his 20 acre tract near Cottage Grove to J. O. Vincent of Salem for an 8-aci-e tract near that place, receiving $1000 in cash in the transaction. Mr. Vin cent and family will take immediate possession. RETURNED TO ASYLUM The case of Lucile Curtis and son against T. J. Campbell, Orpha Dash- ifell, R. L. Dashiell, J. D. and O. C. Smith of Dallas, involving title to certain real property in Monmouth, was tried in the circuit court betore Judge Belt yesterday. Plaintiffs con tended that m 1H0U, Mr. Uampbeil executed and delivered to W. E. Vance, since deceased, a warranty deed to a house and lot in Monmouth. That the consideration for the deed was the assumption of certain in debtedness of Campbell's by Vance, and the payment of the same by Vance 's heirs after his death. In Oc tober, 1914, Mr. Campbell again trans ferred this land to Orpha Dashiell, and about the same time a mortgage upon the same was given to J. D. and O. C. Smith. ' The Vance deed was never recorded, and the suit was instituted by Mrs. Curtis, widow of Vance, and Harold Vance, son of W. E. Vance, deceased, to re-establish the Vance deed, and to set aside the transfer to Dashiells and the mort gage given to the Smiths. In their pleadings filed in answer to the plain tiffs' complaint, the defendants, Dash iells and Smiths, set forth that they were innocent purchasers for value and without notice, actual or con structive of the Vance' transaction. Mr. Campbell filed a separate answer. in which he admitted the execution of the Vance deed, but claimed that there had never been a delivery of it to Vance, and that one of the con siderations for the transfer was the agreement of Vance to care for and support him during the balance of his life, which agreement Vance wholly failed to perform. The evidence presented a difficult knot to untangle, it being contradic tory in some respects, and unsatisfac tory in others, owing to the fact that most of the witnesses were of advanc ed age, and their memories rather poor. Holding that as a considera tion tor the transfer trom Campbell, which agreement he and his heirs wholly failed to perform, Judge Belt held that the title never passed from Campbell, and that Vance never se cured any rights in and to the land in question by virtue of the deed. He also held that Mrs. Dashiell was an innocent purchaser for value, as were also the Smiths. The complaint was dismised without costs to teither par ty. In rendering his decision, which was very clear, Judge Belt was com pelled to rely very largely upon the probabilities of the case as gathered from the whole evidence. It is not likely that the case will be appealed. Tliis decision settles the title to this property. Graham. Beckett & Cooper, Portland attorneys, appeared tor tne piaintins, Mrs. Curtis and Harold Vance, Mr. Beckett of the firm appearing at the trial of the case yesterday. Walter L. Tooze, Jr., represented the various defendants, campDeii, Dasnieil and Smith. posed by the local team members. The basketball game will not in terfere with the dance that is to be nem tomorrow evening. The game will be over in plenty of time for the dance and the visiting players will be entertained, if they are in condi tion, at the dance. A section will be reserved for high school students at the game and if the interest the con. test warrants is taken by the towns people the meeting will be a paying one. A nominal admission fee has been set. The Dallas players who will don basketball togs tomorrow evening are: Walter Ballantyne, Rav Bovd- ston and 0. I. Chenoweth, forwards; "Skeet" Hayes, center: Lvnn Ma- theny, Leonard Shaw, Uda Burke and r red uooch guards. TERSE TALES OF TOWN LOCAL NEWS OF DALLAS AND THIS NEIGHBORHOOD. Personal Paragraphs Pertaining to People and Their Movements, Gleaned by Observer. ASKS M.D. FOR DAMAGES MRS, BARHAM FILES SUIT AGAINST DALLAS DOCTOR. Complaint Alleges That Injury to Shoulder Joint Was Imnroperly Diagnosed. Asking damages to the extent of $4,8o0, Mrs. Laura M. Barham, wite of A. J. Barham, has, through her attorney, B. A. Kliks of McMinnville, yesterday tiled a complaint against Dr. L. A. Bollman of Dallas, alleging incorrect diagnosis and unskillful practice. Mrs. Barham. according to her complaint, sustained an injury to her right shoulder joint nhnut March 6 of this year, and was treated by the defendant doctor. He diagnosed the injury as other than what it actually was, says the complaint, and from that date until May 31 he treated her tor the trouble that she alleges did not exist. As a result of the alleged unskilled practice Mrs. Barham 's arm was paralyzed from the shoulder to the finger tips, and even now since treating with other physicians and specialists and since an operation the trouble has not been entirely rectified, she states. According to Mrs. Barham her phy sician might have found his error be fore it was too late had he used the ordinary methods known to medical science. An X-ray taken by another doctor detected the alleged injury to the shoulder after the local doctor had been treating her according to his diagnosis by massage and electricity. After much pain and mental anguish the plaintiff asks damages to cover the actual outlay during her suffering and the operation that was necessary to correct the injury to the shoulder joint alter it had grown together, Among the expenses are listed those of medical treatment, nursing, and do mestic help since the right arm bo came practically useless. Remarks a facetious exchange: "Let us at least hope that Henrv Ford will not become seasick on the way over and ithrow np the whole undertak ing." THOS. E. LYONS, MENTALLY UN BALANCED, INCARCERATED. Labors Under Hallucination That Rel atives Would End His Career By Poison. The Observer, a Twlce--Week pn- weekiy. Thomas E. Lyons was sent to the state hospital for the insane on Wed nesday by the county authorities and upon complaint made by relatives in Dallas. Mr. Lyons is not dangerous ly insane, but cherish a delusion that he is pursued by friends and relatives who would ensnare and pois on him. He has impulsive streaks oc casionally when his delusions are strongest His temper is bad at times and he is restless and depressed at others. The cause of insanity was not discovered by Dr. McCallon who ex amined the patient on Wednesday. It is reported that Mr. Lyons is unreas onable about business affairs and his care of himself. He is suspicious of all the food and dnnk that is pnt before him. The last attack in which the symptoms showed themselves was abnnt a week ago. Mr. Lvons is about 54 rears old and has been in Oregon since he was twenty years of age. He is married and has a family. He was committed to tbe state hospital in 1911 for trou ble similar to that which has made it neeemary to give him the proper at tention arain. Mr. Lyons was born in Iowa. Attendants from the asylum came to Dallas on Wednesday evening to accompany the patient to Salem. BIG GAME SCHEDULED FIRST BASKETBALL CONTEST AT ARMORY TOMORROW. ' Star Team From Agricultural College Will Try Conclusions With Dallas' Best Talent. The Dallas basketball team goes up against the season's first difficult problem tomorrow evening, when it meets a team of star players from the O. A. c on the armory door here. As to the difficulty of the proposition the names of a few of the men on the visiting team is answer. Flving the banner of the rhi Delta Sigma fra ternity, a local organization on tbe agricultural college campus, the op ponent of the Dallas team utilizes several 'varsity plavers when thev leave their collegiate environment and thereby usually establish a win ning score. Such 'varsity stars as Ira Mix, the lanky center and Blagg, one of the principal players on the college team are listed in the lineup that will appear on the local floor. The Dallas team is made np of very good players although' their practice season has been short and they are not in the pink of condition. That quality bas usually had little effect upon the final scores made by former Dallas teams, but this tinte it is Sg nred as a decided handicap. The Phi Delta Sigma team is certain to pat np one of tbe warmest battles that the Dallas team will enjoy this season and for a real lively frame it will probably rank high among those pro- The Fuller Pharmacy have secured the services of P. D. Quiesenberry, who is a full fledged drug-gist, as as- sistent clerk. Mr. Quisenberry comes here from Tillamook and is not an entire stranger in this part of the country, as he worked several years in the Bowersox drug store at Mon mouth. Frank Brobst, formerly in the fur niture business here, and now liviug near Perrydale, was a visitor in the' city on Wednesday. fastor W. T. Tapscott of the Bap tist church will nreach next Sunriav morning on "A Visit to Bethlehem" and in the evening on "The Divine Christmas Gift." Mr. Frank Morri son will sing. Judge H. H. Belt spent part of the week in Portland, where he transact ed business and enjoyed pre-holiday festivities. Mrs. F. R. Rich of Summit, Oregon. returned to her home today, after having spent a fortnight visiting friends in the city. Mrs. Rich was a resident of Dallas for fifteen years and her many tnends have vied with each other in furnishing entertain ment during her stay here. ', C. S. Calkins of Airlie was a; Dal las visitor on Wednesday. Mr. and Mrs. A. L, Martin went to , Eugene on Tuesday, and the sams evening attended the Godski concert. IJiey returned on the following day. W. F. Gilliam of Airlie was in Dal las on Tuesday enroute home from San Francisco, where he had been see ing the sights at the exposition dur ing its last few days. Mrs. Robert Hays has been enjoy ing a visit from her son. Samuel, who lives in southern Lincoln county. Mark Spivey of Rock Creek was a Dallas visitor this week. ; Edward Earl and Ernest Earl are visiting their sister, Mrs. Thomas Watson. Mrs. I. E. Tetherow of Falls City visited friends in Dallas on Tuesday, Isaac Reddekopp and brother Da vid of Alberta, Canada, are spending a few days with relatives in Dallas. Mr. and Mrs. F. J. Holman are en joying a visit from Charles Turner of Sheridan. Mrs. Edith Brown of Falls City visited on Tuesday at the home of her daughter, Mrs. Oscar Ellis. Mrs. Orie James is reported to be very ill. Her mother, Mrs. West of Sheridan is with her here. Dr. and Mrs. W. S. Cary are en tertaining Mr. and Mrs. E. A. Cary of Missoula. Mont. See our offer on page one. AN ENJOYABLE OCCASION. . A SMART TAILLEUR. Bossian green gaberdine Is used for this design, which Is richly trimmed with different width of black silk braid. Tbe front Is vested with taa broadcloth and fastens at one side with a black silk taaaeL Tbe choker collar Is faced with taa broadcloth, and tn crown at tbe aaiior la circled with tiny estrlch feathers. Mrs. George Gerlinger Entertains Young Ladies at Dinner. Mrs. G. Gerlinger charmingly enter tained Monday evening with a buffet supper, in honor of the Young La dies' section of the Woman's club. Supper was served between fine-thirty , any seven-thirty. The dining room ' table was adorned with a huge boquet of pink chrysanthemums, with Mis) Ednelle Collins presiding, the lit tle Misses Georgiana and Irene Ger linger and Miss Pauline Aulen served a very delicious supper. Miss Dor othy Bennett rendered a number of artistic selections on the piano, early in the evening. Miss Naomi Scott displayed her ability on the violin, accompanied by Miss Bennett. Miss Marjorie Holman played Sexteth from Lucien, which was very pleas ing. Miss Lucile Hamilton and Ger trude Irwin sang a number of very pretty songs. , A very clever game furnished amusement for the evening. In var ious parts of the living room were different articles, each representing a musical term, fencil and paper . were supplied each guest and a eon test for the answers was enjoyable. There was a tie between Misses Flora McCallon, Marie Griffin and Marjorie Holman. Miss Griffin drew the prize. A short talk was given by Miss Col lins in behalf of the Yoiinir Ladies' club, and a number of names were handed in for membership. Those present were: Misses Maud A. McDonald, Rose Sheridan, Gladys Cartwright, Cora Rossiter. Bess Ow ens, Gertrude Irwin. Florence Kopan, Gertrude Pollow, Miss Tuft, Fannie Dempsey, Nora Robinson, -flora Mc Callon, Mande Robbinson. Bob Mc Callon, Kaida Scott. Buena Fiske, Koxana Kiske, Miss Van Vooriiees, Hattie Teats. Jennie Museott, Ednell Collins, Alice Grant. Noia Coad, Ava -Coad, Effa "Brown. Miss Dennt, Pauline Coad, Pauline Aulen. Ruth Barrett, Muriel Grant. Maud Barnes, Hallie Smith, Pearl Smith, Dorothy Bennett. Miriam Hart. Gladys Loueh- ary, Helen Casev. Naomi Scott. Hel en Longhary, Marie Griffin. Nina Far ley, Manone Holman, rarah Toevs, Gertrude Wilson and Mrs. George Gerlinger. Bay Red Cross Christmas seals and Twice-a-Week Observer ll.S a Tear, help along a good cause. I 'I