one opinion
; WAS RENDERED
j
Circuit Judge Burnett Is Re
versed in a Case From
AWAITED WITH INTEREST.
Thos. Reynol Is. local agent for the
Weils Fargo Express Company. .: -last
Saturday received two pigeons from S.
Wilkinson, The, Dalies, Oregon, ' with
Instructions' to liberate - them at 8
o'clock a. m, Sunday. They were turn
ed out on the court house grounds at
8:43, and when last seen were circling
over the business portion of the city,
evidently taking in the situation, so in
case they were fortunate enough . to
THE EQUITY
ASKING FOR PARDON.
- Hon. A. W. Gowan; of Burns, Harney",
county, was ln-Palem. for the -purpose
of presenting' tbi case of James Weav- '
fTK ".
- DEPARTMENT
WfnlllO"fP?i
mm
er for a pardon.1" Weaver Is serving a'
WW
life sentence In the Penitentiary, hav
Ihg' been 'sent - from Harney county fop
murder In the second degree.. Gover
nor Chamberlain patiently listened to a
statement ' of the case of - Weaver by
Mr.;Goan for an Hour and a half, and
he promised to look Into the matter
Of State Circuit Court . Ccn
- vened.in Rejilar jFeb-"
mary Term -
E. E. BAILEY D. M. D.
. ' - ' ''. : ' ' " : - -----
, . Graduate of Xorth PaciSc Denial College " '
- OUR MOTTO Honest Work it Honest Prices
All Work Guaranteed. Examination Free
Rooms 1-2 McCrn.nck Blk. Takeelevator, ever Jos.Mejers & 8.ns store
1
j . Lian County -
visit this fair city again they : will feel
further and to see Weaver himself at
r : J -
more, at borne.. New of the time they
the Penitentiary. Governor Chamber
lain has not yet exercised the pardon'
ing power in any case. '
arrive at The Dalles will be awaited
with Interest.'
SUPREMF. COURT IIEJLD THAT THE
CIRCUIT COURT COMMITTED AN
ERROR- IN CRANTIXCf NON-SUIT
IX DAMAGE CASE REJIAXDED
FOR TRIAL ' , -
AND MANY CASES UPON- THE
- DOCKET ARE DISPOSED OF AND
COURT " ADJOURNED tfNTIL. 10
O'CLOCK THIS MORNING - THE
fl
ARE PLAYING
DOCKET ENTRIES.
WAITING GAME
J.
I
ON CHARGE
OF PERJURY
Goyernor Chamberlain Issued
.Requisitions for David and
James Kenny
Tbe Supreme1 Court yesterday banded
doirrt one opinion only. as follow:
M. Bussard and John Itobsbn,'1 part
ners dolnr 'business tinder the firm
name of Bussard St Robson. appellants,
vs. Kiss E. Hfble respondent appeal
; from Linn county. GeoH Bur
nett. Judjre;, reversed and remanded.
Opinion by Chief Justice F. A- Moore. n
This action 'was commenced in the
Justice toarfof Liwrewuity to recover
damages for tbe breach, Pf aa alleged
agreement. : It is averred in the com
plaint In ' substanQtwi that, on March 25,
: 1902, the plaliHWs,"'Buj&sard & Robson,
entered into a Contract vrtththe defend
ant by the terms of whicl-he agreed to
purchase all Tof the mohair that could
be procured ai suitable prices In theTfl
cinity of Scio and deliver the same' to
them at that 'place upon their reim
bursing him for : his expenditure arid
paying him one cent a pound on com
mission; that! In pursuance of such an
agreement , he Ipurchased about 200f
pounds prior totApril 1, 1902. when the
contract was so modified that he was
to continue purchasing mohair -log them
and deliver the "same at Albany, at the
close of the season.. for which they were
to pay him 24li cents per pound, where
upon they. advanced to him, on -account,
the sum of J40; that thereafter defend
ant oarchasedi about ' 6000 pounds, but
delivered to ithem only about 1833
bounds, and a I the close of the season,
about April 3d. 1902. he refused to de
liver tbe remainder or any part thereof
to them at Albany, but he sold and de
livered all the! remainder to one Mets
ker; that at the close of the season the
market value of mohair was 28 cents
per pound, and by reason of the defend
ant's refusal to perform his part of the
contract they were deprived of the pro
fits on 6367 pounds thereof to their dam
age in the sura of $222.84, for which they
demand judgment. "
j The defendant, hovewer, averred that
when the contract was entered Into the,
plaintiffs agreed not to purchase any
mohair in the neighborhood of Sdo, the
defendant's territory, "and to - furnish
htm with a daily report of the market
price: 'that they refused to furnish him
said report "but provided ; him state
ment of prices less than; the true mar
ket riuntatiqns and that they offered his
customers a greater price than he could
pay under the circumstances and that
he. had delivered.tO -Uj.emajirnpunt of
mohair j to the value of the.. amount of
cash received.; Tbe- case, came to trial
in the' justice Tcourt .and a judgment
rendered for. tbe plaintiffs, from which
an appeal was taken to- the circuit
court, ; which resulted In a judgment of
non-suit and plaintiffs appealed to tbe
Supreme Court on the grounds that the
trial court erred In allowing and grant
ng the respondent's motion-' for a non
suit and in entering said 'Judgment of
non-suit In favor of respondent '.and
against the appellants, and in entering
said judgment for costs and disburse
ments. . . fj! . ; . fv1?', .:;
The; Supreme-Court, after reviewing
the tPstlmony"gIven by the defendants'
'witnesses, held that plaintiffs do not
st ek to recover such damages as would
ensue if they had a contract for the re
sale of the commodity to a particular
person, and this; being so. the complaint
is sufficient to sustain a Judgment for
genral damages- and that, as the plain
tiffs wre willing Hnd ready to receive
nd MV for the mohair, agreed to be de
livered, such 4 amount is sufficient; to
show a readiness on the part of the
plaintiffs to :fcecp and -perform their
part or th agreement, and that un or
ror was committed In granting the non
suit and hence the judgment is revers
ed nd the cause remanded for a new
trial, j ':,"':'. t ' -r -
LINES REDUCED TO
65c
OVEU 200 STIFF BOSOM SHIRTS
Bargains in Suits ' : Bargains in' Overeats; Bargains in Hats Bargains in Every Line
JWiHuils ' 07 nf) 5 $9.00 Overcoats ' V Af rr . $150 Hats S . . ".. i Q tC . - -
tii?jMU4 : - conn . fi6.coovercoata 1 10 00 2 ro and 3.oo Hat . . f v'n,,c Jwc cicaninf house cct-
,or - ...... O.Ul for , fitr. ...... ?I.Jl inry rrrHirfar tlwj nrinfr I inre
.tc ittc. . ma etc. ; . . etc. etc. , mgrqaay-Tor new spring Linc
-V Hi:n
MADE AFFIDAVIT BEFORE COUN
TT CLERK OF MULTNOMAH
THAT FIFTEEX-YEAR-OLD -GIRL,
WAS OF AGE IX ORDER TO OB
TAIN' LICENSE.
Upon the information of - John -. II,
Oker, and the application of the district
attorney. John Manning, Governor
Chamberlain yesterday issued two re
quisitions upon the Governor of Wash
ington for the return to this state of
David W. Kenny and Jas. It. Kenny,
who are held in custody in the town
of Ortlng. Washington, the latter upon
the charge of subornation of perjury,
ard the. former upon : the charge of
perjury. - , -H ,r
The information charges that David
W. Kenny,' being desirous of marrying
one Ella V Aker, who -was a resident
of'Ortlng Washington, arid of the age
of lSears and; 14 months, on Febru
ary ' 11, 1903, made appliation to' the
county clerk of Multnomah cpunty for
a marriage license; and in order to ob
tain same made affidavit to the effect
tht said Ella V. Aker was a resident
of Multnomah county and was 'above
the age of 18 years. ? Jas. R..-Kenny
signed the application for a. marriage
license as Witness. ' ' -
Joseph Day; a detective of Portland,
was appointed the -state's agent, in
whose hands the warrants were placed.
WAS IN BAD COMPANY
SECRETARY j WISDOM BLAMES
WAYS AND MEANS COMMIT
TEE FOR VETO OF BILL.
(Evening Telegram.)
-The bill appropriating 810,060 for
the j improvement , of-j the State Fair
Grounds was 'vetoed jbeause It', raS' Ih
bad ompany, said D. Wisdom, the
secretary i ; of ; : the; jrJState? ' Fair
Board, when . senl Infer morning nl refc
erence to ; the Governor's' vetd'of the
'rneasuxei.i'-;r ';.' r - : ;t 5'':'
'I "I rather? expected that It woulit be
vstoed.! Icqntlnued; J M.C, "Wlsdcn'TtH
stead of making out the appropriations
In 'separate bill and letting each one
go through on its? merits, the Ways
and Means Committee; bunched ff them
all together under.ciie4 general appro
priation bill, and the good ones had to
suffer for the, sake of the bad ones. One
could not be vetoed without all of them
suffering the same fate. Along with the
State Fair Grounds appropriation was
one-providing for $14,000 for an execu
tive mansion; $1,000 for Tracey and
Merrill claims, and $34,000 for scalp
bounty payments. The only measure
of genuine merit In the Whole bunch
wns the Btate Fairei j ropriation. 'Ch?
Improvement Is not on'y needed, but is
an urgent necessity, created by th de
mands of an Increased attendance."
CREAMERY "ASSOCIATION-- , . .
' Articles of Incorporation of th-i
Pleasant Hill Creamery Association
,were filed with County Clerk Lee this
arternoon. The incorporators are: k.
J. Hemphill.' H. Cf, Wheeler, D. C. Lin
ton. Wm. Klugam and J. F: Brewer.
The objects are to build, equip and op
erate a creamery. The principal place
of business .'will be at or near Pleas
ant Hill. The capital stock is $900. di
vided into 150 shares of $6 eat-h. Eu
gene Guard. . . ' "..- 4. .--..
TT b rs. ff" A T5-raTPril .Nearly $560 worth of r.lcn's and Boys Sweaters
tUU&lL AlFiriVGailrj Mbfe-orr.thc Road.' -Sec Them.
),r3S )0
llettd'Hidftcrs for Salcm-tnado Blaukcls, riatuicls, iiicliaii
Department Nol 2, of the State Cr
euit Court for Marjon county, was cop-
vened in regular session by .. Judge R
P. Bdise. yesterday morning1. ; - - '
'Dnrinr the' da v tbe fofiowinr docket
entries were made. afterlWhicK I ihe
court adjourned fintA ' 10 ' o'clock this
nwrnbier 3f " u ' v?
J. F.: Briggs."" planntlff.; vs. .Allcfe";. M.
Beeler; et aL," defendants; .confirma
tion; sale confirmed. . j
: J. S. Fish, plaintiff, vs. State Land
Board, defendant; dismissed as per
stipulation. t - '
T. J. Seufert. plaintlir, vs. estate
Land Board, defendant; , dismissed as
per stipulation.
I H. W. Waters, plaintiff, vs. T. T.
3eci,'1 Gov,- et al defendants; man-
dnmus; dismlfcsed.
The Home Sewing - Machine Com
pany fa corporation), plaintiff, vs. Jen
nie Gray, iet-al, defendants; confirma
tion; sale confirmed. .""-."'
-. Joseph IL Fisher, plaintiff, vs. Blanch
M. Fisher, defendant; divorce; default
entered. 1 1 ' .- p
:"A, N. Lewis, plaintiff, vs. John C.
Herts, defendant; " suit foi accounting;
accounts filed; .cpmpensatfon.r;.of . re
ceiver, "$250; "re'celi-er 4 ordered to : pay
funds to creditors. ' ::' n1? f.
i; Joseph K. Swayxe, ?plalntlff; vs.' Ket
tle Swayzey defendant; divorce;. default
entered and trial set for -Tuesday, at
10 o'clock a."m. V"''
E. M. Hurd. plaintiff, vs. lima Hurd.
defendant; divorce; trial set for -Wednesday,
at 2 oclock-p. m,1, ? -
: J." F, T. B. Brentano, dmr, plaintiff,
vs.: Peter Wflquet," ef '"ux, defendants'; :
foreclosure; to stand until case lh' pro
bate 'court Is disposed of. 5
, Chemeketa Lodge. No 1, L .O. O.
plaintiff, vs. J. H-' Ware, et aU- defen-,
dants; foreclosure; service not. , com
plete v - it " r ' "' "'
Pal Sroat plaintiff, ,vs. P.":I2-Frav'
sier, et aL, defendants; cross biii trial
set for Thursday at 10 o'clock aC. m. ,,j
-, Judge George H. ' Burnett" also ' beld
an adjourned session of Department
No, 1. of the State Circuit Court r Cor
Marion county,, during whichthe IqN
lowinff entries' were jriade on the 4ocIst
etr f : , ' " ' . '
R.) G. Moore, plaintiff, vs. ,W, H. H.
Samson, et al defandants; action for
money; settled." - -
F.j J. Eldriedge.5 plalntHT, vsipJo'hn
Hpf er and jasper Zorff, def e'ridaVitsY"'a
suit j for ' damages'; ' defendants mbtfoti'
to strike oat -part of amended reply -ar-fed'
ad'subrittea.I;;,
Mary F. Gibson, plaintiff, vs.' Ifftfr
Bros.. def(?ndaits; actlow for. damages;
plainiififfiiKioilcKn for
ruled; Judgment forrPlalntiff on ver
dict for one dollar, together ;-wllh- costs
anC disbursements taxed at , one . dol
lar. 1. ' ' ' '' ' A ' " ' "
; Wj H. Holmes'pIaintiff.vs.'jT. W.
Wann. defendant; settled. .' -
; A. ! McFarlane, plaintrff. vsi' G: B.
Cornelius, defendant; action. 16 recover
real property; defendant's motion forLVinced by just SUCh fact as led the
new trial overruled' 1udarment?for thel t - i i.i.t - t.? ?
new trial overruled? Judgment. for the
plaintiff on verd let. - i " T
Court adjourned to Monday, March
16th.
XFTVV' CREAMERY
The creamery at Jefferson will be
ready to (run 'iiext week. The build
ing is one of the most complete in the
state, having cement floors. in all the
rooms. A six-horse engine will furnish
poweK The machinenr is all new, and
of -the latest and best make. The pro
prietor. Mr. Eldridge. has no, superior
as a creamery man, arid there is every
reason to think that the enterprise, will
be a isuccess. right, frojn. the start. , If
you have any cream to selt bring it to
your ,home cteamery You'.. will realize
11 much for it as you caiby sending
It away. It Is a good prlncipia, tp al
ways aid in tbujlding up home enter-f
prises. jenerron jievtew.. -t ......
INCLUDED . IN. THIS ;8ALE. SIZES 14 1-2
. oiuiiA, 1110 ocuouu .Oi uiuob ouj nou
Brewers in East Buying: from
Hand to.Mouth in
Hopes .
.1.
THAT THE .GROWERS WILL. SOON
'GROW TIRED OF WAITING AND
RELEASE THEIR HOLDINGS-
HOPS MUST EVENTUALLY HAVE
TO GO AT FANCY PRICES.
. (From Sunday's Daily). ,
A Statesman reporter held a brief in
tervlew : last evening with Mr. T. A.
Livesley, the hop merchant, who has
Just returned from a three months'
business trip to points in "the East. Mr.
Livesley visited all the prominent ci
ties going south as far as Kansas City,
and then continuing Kast to New York,
In speaking of the. bop situation. Mr.
Livesley said: ; ".. . , ..
"As -conditions exjst now it Is a. fight,
between .he brewer.axid grower, both.
being determined, There , are. bt few.
brewers, wboJjiaye" bought whatitbey
consider, a full, supply for the year, the
majority-buying- only for nmedjate
consumption. The merchants are about
10,000 bales short of hops contracted for
delivery, tq., the brewers;, there are
scarcely any hops in storage, so the na
tural, sesult. art uat be, if. the, growers
m ho have, -not yet " disposed , of , their
crops, will -hold for prevailing. -or bet
ter prices, that the brewers must even
tually come to their terms.: There , are
probably 28,000 bales of hops , In the
hands of Pacific coast grow ers and the
brewers will need them, all, so it re
mains with the growe rs whether they
will throw -their hops on. the market or
"Hold and, demand higher, juices.
i M". .Livesley visited all the larger
breweries- and In Interviewing "the
brewers learned that many of them
have adopted the ; waiting plan in the
hope that ; the growers . will eventually
giev-e In, stiji they admitted, that should
the .growers" remain fij-rnHbey wpuld be
compelled, to buy their crops., even
thoagh -they, would have to pay fancy,
prices., , . . , , - r:
i I i
,'39
Said a great pusiness man, r?" are piy
partners T and - they -need -ail the
itrenkth'rand' courkiMncim eive
hthernT and he forthwith paid for a
tlxksdbb policy in Tne '-Mutual
Life Insurance Company "Of ' New
York, i Not without the most care
ful investigation, however, extehd
fri'lt Oveir si months. He was c6n-
x rcsracnc oi a national canK- in
New York to make the curious and
shrewd provision in his will, which
is contained in Banker's Will."
Write for it and also for the
account of - the $1,000,000 policy,
" The Largest Annual Premiums."
TbiS Cotaptar Tasks
Ftritl Assets. "'
' Vrtt-tm iBwut raid PelicyJiolders.
The Mutual Life Insurance
Company of New York,
Nassau, Cetlar, .WlUian and . . .Liberty
, streets, ''ew .TorHf j
I Hathaway, Mgv Portland,- Or.
uanvit no. uui uvi
mmmmm
JIobejf, Men's and Boys' Clolliina'nd L.'i'lics' Suitiucs.
V at a yard ' .
. : ' ' - V' . ' : . i.
These are wonders for the money. Pretty patterns and
good quality. We have no hesitancy in saying they are
the best goods fW the money on the market
Turliish Towels 2Sc a pair
Large white oUv?r nothing likt them ever ollVivd at this
1
price. .
;.:"Nej Spring, ivaillinery
now being opt iitl at ; . ".- : - . .
GREBNBAUM'S
Dry Goods Store,
302 Commercial St. : . 1st door south of tbe Post Olflcr.
. Salem, Cregss. -
A CHANGE IN BOARD
SUPT. ACKEUHAN SUCCEEDED ON
; REFXJRM' SCHOOL. HOARD
, BY TREASURER.
-I
The board which Will ihereaf ter con
trol the destinies of the State Reform
School is now composed, of tSe Gover
nor, t Secretary of s State and State
Treasure the latter taking the: place
of ; the Superintendent of . Public Iw
structlon, , hy- operation. of House Rill
No. S03, wilch has just becomfraiaw,
Tbe .news board met yesterday and Mn
Gtens, the Governor's 'private secre
tary,, will act as ts clerk, .House ;B4H
303 Intended also to change the pome
of the State Reform School to the State
Industrial School,- tut 'Seaat t - l?My, of
Corvallis, didn't propose-to 'have more
titan one ''IndustrisH-schowhin-OrfKom
so he killed that section of -(be bill. The
State Superintendent. will 'Still .have
supervision over the-educational fea
tures of the. . school and wiH report
thereon, to the board, butiWIH have.no
official voice in the appointment of of
ficers or the . business management. , ;
m probate court
MARCUS BROWN, WARD OF THE
"BALEY HOME ADOPTED INTO
LINDSAY HOME.
t Irwbi Tj, Lindsay and Sarah E. Lind
say petitioned the court for the adop
tion of Marcus Brown, aged four and
bno-half years a recent ward of - the
Baley Home" of Portland, Oregon.
Their petiton was granted.
Nellie Engle was 'yesterday appointed
by the county court, as administratrix
of the estate of her late husband, Co
lumbus Engle. . The property belonging
tb.. the estate is valued at Jiboat -$500.
; Mrs. Engle filed hor bond in the sum
of 41000, which . was. approved by, the
qourt,, . . -v.
In. .the, matter, of the estate of John
Newsome, ;decaed,. the Inventory nd
appraisement of property not heretofore
to 17. . . They're fresh ,
111 niuuun.
aDDraised. was filed by the appraisers,- '
Claud Gatch. Frank Waters nnd C. I-..
McNary. The property consisis of U'
by 165 feet. In lot t, block 4. In Salem,
(.Oregon."".-""; .- . "
I Chas J. Ramsden was relased as the' :
guardian of .the person and estate- of
X Edith M. Ramsden, the said ward hV'
lng attained her full lawful age.
HB GOT OFF EASY
wtm nnnrnTaiv pi.Pin niTTT.TV
TO LARCENY AND WENT ,
, In Justlce-of the Peace E. D. Hor.
gan's court, yesterday at 2 o'clock. Win
Robertson, the young man who was ur
r)pstef ' Saturday morning ' In Oregon'
City) had his hearing upon the charge
-of "burglary."
r John H. McNary conducted the progf!-f '
tlon and after . consulting w ith Jack ,
Ryan, the prosecuting witness, and with
the Influence of liquor when the bur- ..
glary '.was committed, permitted the''
prisoner to withdraw his plea of "not
guilty" and to entr & plea of guilt Jl.
underl the charge of simple arl ny.
The court Imposed a fine of $23 and
costs, in dafaut of which the prisoner
went to jail for twelve days. ...
Robertson is the young man w ho as
sisted in pressing into ityan lonsori
al Parlors on the ntght of Febrary 8.
Ha was supposed to have had two cOn
federates In the burglary, but their '
names have not yet been! found out. ;'!
if Robertson had been prosecuted uh
( der the original charge, the pennlty'1
, would have been a term In the penlten-' '
tlary, but on account of -the- youth of
young Robertson, neither the court nor
the prosecuting attorney desired to sub
ject him to a long term of imprlsorfi'"'
rhent and run the chances of blighting
lifs young life.. ' " - ' , '
35 x o rx jc j?. . ;
Tin hti Yon Haw taX
. $11.50 .
LINES' REDUCED TO
5c
clean, up-tadate
, f
ih1 A
1
r,
1 1