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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.