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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (June 9, 1925)
o o o MRDFOTin 1ST ATTj TTUPUtR MfiPFOTCD. 01?KiON. TT7KSDAY. .TPXR n. 102.' JiWWIIIWMi iWMliM r A Curious Animal ; IS OVERRULED BY WB&x&S Mil I III ISI1 '""VejTIllZ That the injunction suit against the rock crusher and sand screen on North Riverside avenue will shortly come to trial on the merits of the case 1 evidenced hy the decision of Judge Walter If. Evans of Portland, to whom the case has been referred by C. M Thomas, presiding judge of this did' trict, who, by rcaaon of professional consultation before his election, pre fers not to sit in the matter. ' ThlH niHG wim filed liiHt Derembc hy C'lnra It. Phipps and W. K. I'Jilpin ngalnst C J. Sciium and trie Med ford Concrete Construction company and prays that the court may condemn and cause to be removed as a nuisance the rock crusher, sand screen, the elevat ed tramway and electric hoist Installed by Semon and his company in the spring of 1924, the complaint alleging that these structures were erected in violation of city ordinances and after the city council had denied permis ion to build them. . The complaint has been pending several months on motion and demur rer filed by tho defendants, but the . decision of Judge Kvuns now makes It necessary for the defendants to an - swer and proceed to trial. ' Omitting the title of the case, the following is Judge Kvans opinion: 'This matter Is before the court a demurrer, which is predicated on three distinct grounds: First, that there is a misjoinder of parties do fendant, and with reference thlB cause . the court understands the rule' to bo that ull persons concerned In the com mission of a nuisance nro liable."' The allegation In Paragraph 1 is that C. J - to mo n controls and manages tho de fendant corporation. Accepting for the purpose of the demurrer the state ment to be true, It would therefore ap poar that he Is concerned In the crea tion of a nuisance and is therefore proper party. (29 Cye. 120S.) ' The second ground of the demurrer Is that the complaint fails to state tacts Burriciont to constitute a cause of suit, In that It does not allege special or private damages. After alleging the manner and character of tho op " eratlons conducted by the defendants and that they ara being conducted in violation of tho city ordinances of the City of Med ford, the complaint, in paragraph, 7, states "that tho said ob jectlonable structure, factory work and operations so maintained by de fondants as aforesaid constitute an ever present nuinaneo and an irrepar able injury and damage, going to the destruction of tho estato of all the proporty of the plaintiffs described herein, and tho perpetual presence site, manipulation and noise of said hulsance disturb the peace and onjoy- ftient of the . plaintiffs and render their lives uncomfortable and burden some." In the case of ftalns vs. Marshfleld & lluburlmn H. It. Co., 62 Ore. 610, the supreme cour uses this iuiiknuku, ui page tin: ."It is stated In "the complaint, and substantiated by the testi mony, that tho valuo of plaintiff's 'property abutting upon Hherldan t,,8treot wna diminished and tho free access to the premUes was pre vented by tho operating of the tramway. This depreciation was different In kind from that suf fered by the general public, and . would undoubtedly have been sufficient for tho maintenance of an action to recover damages oc casioned by tho nuisance. Tho ,lrmoro decline in the worth of property, however, may not have been sufficient to warrant in junctive Intervention." And continues with tho quotation , from Judge Hlory na follows: "It In not every case which will furnish a right of action against a party for u nulsauco which will Justify tho Interposition of courts of equity to redress tho injury or remove the aunoyanco, but there must he such an Injury ns from Its naturo In not suHceptlMo of being adequately compensated by dam j. ages at law, or such ns from Its ' '''-continuance or permanent mis chief must occasion a constant or recurring grievance which can not be otherwise prevented but by injunction." The allegations of tho complaint seem to bring this case fairly within the ruling in the case la:U referred to. 8o the court Is of the opinion that the second ground of demurrer Is not well taken. The third ground of demurrer Is that the court is without Jurisdiction, , In that the matters complained of. If they constitute a nuisance at all, would be a public and not a private nuisance, ' and that this court has no right to de termine th question raised as to the ( Violation of tho city ordinances with ; out tho presence in court of the City of Modfurd as a party. In the case of fcitato ex rel. Kudd vs. Ulngold, 102 Oro. 401, the court defines a public n u Inn nee and a private nuisance in this language, reading from page 404: J "A nuisance is public where it affects the rights enjoyed by ilti- ens as a part of the public, that s. the rights to which every cltl 1 Pmvn in entitled. A private ul- sunce Is anything done to the hurt, .annoyance or detriment of the lands or hereditaments of another J The court then continues as fol lows: C "The difference between public and private nuisances does not de . pend upon the nature of the thing done, hut upon the question whether it nffecta the general public or merely some private In dividual. Therefore the same act t;, or Structure may be a public nui sance and also a private nuisance as to the perron who ! hereby caused a speclnfMnjury other than that) Inflict g upon the Kcnt-ml public." HuvJng already d-ermlned that the eomplalnt shows particular or TT.-culbu Or special damages, tho fact thathe hulsance. if It exists at nil, may bo a 'pUblkOiuisnnco nl becomes Immate rial. n tlf latter phuso of the Inst r3und for demurrer the court refers 'to Xht case of lilngan vs. Smith. 34 pre. 894, an interesting caao, which j i This isn picture of Blackle the freak cub dog. Her mother was un Austra-' llan bear and her father a Itelglnn dog, which makes It' a 'rare frenk in animal breeding today. Hlnckle In 12 weeks old, weighs a pound and one a dog. I larry Garland, her owner, sayn when the dog is in the park she has a tendency to climb trees, also rolls on its back and Micks her paws. This curioiiH animal will appear at Hunt's Cratcrian . with Its master, Harry f iarland, on the Orphoum Jr. fourth, acts like a bear and barks like Vaudeville bill tonight. bears upon the question of a private parly to bring a suit for the abatement of a public nlusance. The nuisance complained of was tho maintenance and operation of cribs for the purpose of renting them to dissolute women to bo used s a bawdy house. The tes timony showed that the cribs had been conducted by a notorlus character known as Liverpool I A.., and Japancsu prostitutes plied their trade there. Tho supremo court granted Injunctive re lief prayed for, thereby reversing the trial court. Tho matters complained of constituted both a violation of the city ordinances of the City of Portland at that time and of the stste law, and yet tho supreme court pernilttyl the matter to proceed between the private parties. It would seem, then, that defend ant's contention in this respect must be denied, so tho demurrer is overrul ed and ten days may bo had in which to further plead. WAIVrKU II. KVANS, Judge. The Screen Ity Yo Press Agent, Automobile manufacturers tell us that the oil in the motor should be changed every thousand miles. A locomotive is cleaned after each run Man. poor fool, thinks ho can run forty years without a cleaning. "One Year lo TJvcM What would you do if you had but one year to live? A?k yourself that question and then see "One Year to Live," which opens at the ltialto theater today. Alleen Prlnglo, enacts tho nnswer In tho picture, of course Psycholo gists will tell you that the human mind, when confronted with inevit able death, of I times turns to the sal vation of others nearest It. 'One Year to hive" Is a great pic ture great for the lavish ness of its production and the excellence of Its enactment: but greater still for the theme of supreme faith, even in the face of death and a worse fate, which follows it through to a happy ending. Joseph Kilgour, I Jo rot hy Macltalll Sam de Oresse. Hoseniary The by, Leo While and hundreds of supcrminicr arics complete the big cast. Other attractions on this bill are a tnlrth-provoklng Harry Langdon com ly. "The Sea Hawk," the Interna tional News, and music by ''Peggy Itldley at the organ. In Sta No. 7SI-C. In the Clivult Court of the State of Oregon, for the County of Jackson. the Matter of the Seizure of one Olilvniobtle automobile, motor No. H-l I S&4, 1924, Oregon license io. 14 1-3S 1. ate of Oregon. County of Jackson. s. To W. S. Pate. Address, .Medford, OreKon. And to J. Pospisle. Klamath alls, Oregon. And to whomever It may concern: la the name of the State of Oregon: ou. and each of you. are hereby, no tified and will take notice that the ullowtng dcHcrihcd personal properly. to-wit: One oldvmoblle automobile license Nu, 1 4 1 -;t S I for the year 11124, Motor No. ' P.-ltSf.l, Se rial No. , was seiKed by the sheriff of Jackson coun ty, Oregon, on tho 23rd day of Oec. 1924, at about the hour of o'clock of Haiti day, In the county of Jnckson, state of Oregon, In the vicinitv of Jacksonville in said county: that said one OldsinoMle automobile ever since has been, and now Is, in the possession and custody of mld sheriff of Jackson county, Oregon, antl Is being proceeded against In the above entitled court for the forfeiture of the same for a vio lation .f Chapter 29. of the Oeneral Laws of Oregon for 1923. the same being an act relating to the forfeiture and sale of boats, vehicles and other conveyance used in the unlrwful traiisptn.laiioii or possession of intox icating lii nor within the State of Ore gon; anil that all persons ha ng or claiming any interest in wild Oltlsmo bile automobile, are hereby required to appear before the above entitled court in the county court house of Jackson rouuty. Oregon, at Jackson ville, Oregon., by Thursday, the 2Tth day of June. 1925. which said day has heretofore been duly set by the above entitled court as an answer day here in, and tu defend, against said pro-ceeditu-.s. and that upon their failure so to doQt jndi inenl nf forfeiture of ssld ohlHiiohUtQutomohUo will be -to red. TliN noiire m tuii-d and given to von. inid r.i. h tfviiu. pursuant to an old. r duly in i.h-' i,y iinn. c. . Thomas, presiding Judt:e of tl.Qabovc i'IJoVJ 1,1,1 , ulirt' "n ,n,i -stn ly of May. vyitness my ha ml ml the seal of wild court lifted ( Jacksonville. Jackson count.1 Oregon, this nth day of June, 102 5. DKML1A STWKNS. (fcUAL) County C'ik. No. 7K0-C. In tho Circuit Court of tho State of Oregon, for the County of Jackson. In the Matter oft he Seizure of one 1123 Puick motor bus 4. 1024 License No. 2H-474, Motor No. 1-018-240. State of Oregon. County of Jackson, as. To (Maude Stevens, Address Medford, Oregon. A ml to 1). H. Croneiniller, Medj'onl, Oregon. And to whomever It may concern: In the name of the State of Oregon: You. ami each of you, nre hereby no tified and will take notice that the following described personal property, to-wit: One 1923 Ituick motor bus 4. LicenHO No. 2S-474 for the vear 1924, Motor No. 1-018-240, Serial No. , was seized by the sheriff of Jackson .county, Oregon, on the 22nd day of December, 1924. at about the hour of 4 o'clock of said day, in tho county of Jackson, Htnte of Oro- gon. In the vicinity of Medford, In said county; (but said 1!I23 ituick Motor bus 4, ever since has been, and now Is, In the possession and custody of said slu riff of Jackson county, Oregon, and l:i being proceeded against in tile above entitled court for the forfeiture of the ' same for a violation of Chapter 29 of lilie Oeneral LavH of Oregon fur 1923, the Mime being an act relating to the I forfeiture and sale of boats, vehicles : and oilier conveyances used In the un lawful transportation or pnyucsslnu of Intoxicating liquor within the State of Oregon; and that all persons having or claiming any interest in said one 1923 Ituick Motor bus 4. nro hereby requir ed to appear before the above entitled court in the county court house of Jackson county. Oregon, at Jackson ville, Oregon, by Thursday, the 25th day of June. 192.1. which saltl day has heretofore been duly set by the above eutiiled court as an answer day herein, and to defend against said proceed ings, and (hat upon their failure, ho to tin. a judgment of forfeiture of said. one 1923 Ituick Motor bus 4 will be en tered. This notice is issued and given to yon, and each of you, pursuant to an order duly made by I Ion. C. M. Thomas, presiding Judge of the above entitled court, on the 2Sih day of Muy I 9 2 5. Wllne my hand and the seal of Knld court affixed at Jacksonville, Jackson county, Oregon, this 8th day of June, 19 2.rt, DKLILIA STHVKN8. (SKAL) County Clerk. No. 78H-C. In the Circuit Court of tho State of Oregon, fur the County of Jackson. In the Matter of the Seizure of one Kord automobile, 1921 coupe, 1926 California license No. 1078002, en gine No. 992M4S. Stale of Oregon, County of Jack son, ss. To Leigh C. Wetmore. address Cop co, California. Ami to Commercial Credit Co., 4;tS California street, Man Krancisco. Calif. And to whomever it may concern r In the name of the State of Oregon: You. and each of vou. are herehv no tified and will take notice that tho toll owing described personal property. to-wit; one Kord automobile. 1924 lipe. California license o. m7imi' for tho year U2ii, Motor No. 992&14.S, Serial No. , was seized by the sheriff of Jackson county Oregon, on the 10th day of May. 1925, nt the hour of o'clock of said day, in the county of Jackson, state of Ore gon, in tho vicinity of Medford, in said county; that said one Kord automobile. 1924 coupe ever since has been, and now Is, In the possession and custodv f said sheriff of Jackson county. Ore. gon, and is being proceeded against in the above entitled court for the for- iture of the sntno for n violation of Chapter 29 of the Oeneral Laws of Oregon for 1923. the same being nn act relating to the forfeiture and sale of boats, vehicles and other convev- tnces used in the unlawful transpor tation or possession of Intoxicating Honor Within thi slate of Oregon: nnri that all persons having or claiming any "'""'ui in sain rorti o i t 11124 oupe, are hereby remiired to ntmnnr tie fore the above entitled court in tho unty court house f Jackson couniv. Oregon, at Jacksonville, Oregon, hy Thursday, the 2.1th day of June, 192a. w hich said day has heretofore been I uly set by the above entitled court ns m answer day herein, and to defend gainst said proceedings, and that tinon their falure so to do .a itidmiient of forfeiture of said Kord nutomuhile. I coupe be entered. Ibis notice in Issued and glveito u. an. I eai-h of ymi, pursuant to an dr duly- made hv lion, t- i I'homas, pQ idlng judge of the above nuiieit court, on the 2Sth dav of Hv 1926. Witness my hand and the seal of said nurt affixed iiMJnckmmvillp, Jnokson flinty, Oregoifrthis Sth tlO of June. H'23. DKHLIA S'C K V E N S. (tiUAL) County Clerk. mfiWaleway to answer it On picnics and motor trips Borden's Malted Milk is con venient to carry and prepare. Take it on all your summer outings. In emergencies-youcanscne this delicious, nourishing food at a momcht's notice. No cook ing, no fussing. All you need is a bowl, a spoon, some milk, and Borden's Malted Milk, and you have a refreshing meal in a jiffy If you're out of. milk, mix it with water and you still have a nourishing drink. THREE meals a day and all those between meal occasions, too cease to be such a bug aboo if you've learned to keep Borden's, the Improved Malted Milk, in the house. It's a perfect boon to housewives especially in hot weather, when appetites are finicky, digestions easily upset, and there are so many extra un - expected demands on the larder. Borden's Malted Milk is a refreshing summer drink, with a delicious flavor, free from the sickish sweetness of most malted milks. It has the satisfying food value of a light meal, yet puts no extra strain on your digestion an im portant point in summer weather. In fact, doc tors recommend it for people of all ages chil dren and grown-ups alike to keep them fit. Once you've formed the habit you'll find a thousand and one convenient uses for Borden's Malted Milk. Get acquainted with it right away. Send the coupon below with 10c for a trial package. Or order some from your druggist. Be sure to ask for Borden's, the Improved. For it is actu ally more nourishing, more digestible, and has a more delicious flavor than any other malted milk made. ' ' - ... - M . As a light VimcA-when you're . too tired or hot or busy to get yourself a regular meal; mix yourself a brimming glass of Borden's Malted Milk. Nour ishing enough to sustain you till dinnertime. THE IMPROVED . MALTED MI Between meals tall glass of Borden's Malted Milk will relieve that tired feeling and satisfy your hunger without overtaxing your digestion and spoiling your appetite for reg ular meals. Take, it in the mid dle of the morning after a hard day's work at bedtime to overcome insomnia. MILK At your dealer's in convenient 7 and IS ounce glass packages. Get one today. -in the sauare ttacham - .n!." I""" ,se .10 I" ,nc ot .AcO to r V .,1 Name the Cake Win 25 CONTEST CLOSES 6 P. M. JUNE 32 The Schilling Chef, co-operatinc with this paper, will pay $25 for the most appropriate name for his new Mystery Cake $10 second prize live additional prizes of $1 each, liereu the Recipe: Kcuo ShortrninK 1 sugir ( tnwu or tranuUud) 2 cbrs ,t 2 cups rxnins 1 cup raiitn liquid i cups sjfeed flour . K teaspoon salt 3 level teaspoons Schilling Baking Powder U. U c,lT:ll. e each Sdi 1 1 line Cloves. Allspice ano Nutmeg 1 " Schilling Vanilla Cover raisins with water and simmer over a low fire 10 minutes then drain, reserving one cup of raisin liquid. Sit t llour. spices, and baking powder together. Cream short ening, idd sugar and mix well. Add eggs, unbeaten, one at a time, beating batter well alter adding each egg. Add one-hall of the (lour mixture and raisin liquid alternately, beatiiiK until smooth Add raisins 10 remaining flour, mix well, then add to cake bat ter, itt: vanilla. Bake in three greased layer cake pans, about 20 minutes in a moder ate oven (550 deg. T.) FILLING AND ICING: cut thin cream. 2 cuds powdered sugar, I teaspoon Schilling Vanilla. K cup chopped walnuts. Heat cream to boiling point, add to sugar and beat until smooth. Then add Vanilla. Spread on cold layers, and sprinkle chopped walnuts over the two inside layers. Alt mtasutf wuku art itttl. MAIL THIS COUPON, cmrt ibis p.prr . To tbt Schilling Chef: I have baked the famous Schilling Mystery Cake in accordance with the recipe, using Schilling Baking Powder, and sub mit the following J" " name for it m- 1 r Name , , , ' dges in the contest arc Mrs. A. n. Cunningham, Mrs. Jonaa Wold and Mrs. E. N. Vilm d Aaareu y gv, f Theju BARGAIN OVERLAND 4 Touring Comphtelyb Recomlitibned o The Busy Corner Motor Co. fydightfulQecmtion Onam un ciietmous lanaaimvacitic Irclelbiirw ire THIS summer be sure that vour vnpntion " I plans include the delightful Circle Tour- a comDinea rnu aim water trip carrying you to British Columbia, through the wonderful Canadian Pacific Rockies to the famous Mountain Resorts and Bungalow Camps, and then home again to complete the circular trip-never the same scenes twice. Special Excursion Fares Are Now in Effect, with Stopovers Where ' You Wish-No Passports Arc Required Every lypo of outdoor recreation end diversion nt . buu uiu ure uisiinciive Dungniow tjimps accomodations (or every purse; healthful pleasure for every person. Call or orit or iht Voca- rilahve to this trip. WH.RearM-. OatlJocniPssSrDtJL . Travel by Motor Stage SAFELY, SWIFTLY AND COMFORtABLY Two Through Stages Daily To Portland, leaving Medford at:45 A. M. and 11;30 A. M. A pleasant ie day trip.' ' Also leaves Medford at 5:00 P. M: for Roseburjj, connoting folloving morning to Portland. Wee Pgers for all av point8. Fop further Information CO and t.ckets call Union Stage Depot. Phoni 309. FART: MCTlIlDnrjntimr -. O jjttiu y.ho Direct Connections at Roseburg for Coot Ba aJ Pointa.