Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, December 17, 1915, Image 1

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(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.
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