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About Weekly Oregon statesman. (Salem, Or.) 1900-1924 | View Entire Issue (Aug. 29, 1905)
, . - - y v 3 m-mi SSUD SEMI-WEEKLY AIID M Ho Tuesday m m I rUTT-FITCH TEAiMNO. 8. BATiTTW, OREGON, TUESDAY MORNIW, AUGUST 29, 1905.; FIRST SECTION SIQHT PA0E3. As The Press, We are Informed- Been Signed at; Portsmouth H. ..-. rv IN T r lHM i Mr U 1 Weekly- Goes to That Peace Has Lbor Day Proclamation. "Whereas, the first Monday in September , of each year has been designated -by law as a legal holiday to be '.known as Labor Pay. V , "Now, therefore, I, Geo. E. Chamberlain, a. gqveaer. of, the state of Oregon," do make publie proclamation if the fact that Monday, the 4th day of September, 1905, is set apart as a legal holiday for rest from ordinary labors. The present friendly relations between labor and eapital in our splendid commonwealth should be maintained In or der to ensure a continuance of the prosperity which our. people enjoy. To assist in prolonging that much desired condition, I earnestly pray that there may be a general suspension of all business on that day thus ct apart, and thatf employer and employe will meet in social and friendly intercourse, thereby coming into cl6ser touch and relation ship each with the other and becoming better acquainted with the in dustrial life and condition of the whole people. ''In testimony whereof; I have hereunto set my hand and caused the great seal of the state to be affixed thereto. , "Done at the Capital, in the city of Salem, this twenty-eighth day of August, A. D. 190o. "By the Governor: "F. J. Dunbar, , "Geo. EI Chamberlain, "Secretary of State." ' "Governor. lop Pickers S n p. p. 1 i e $ We offer you the best values in the city in Gloves, Hats, Shirts, Q ver cl Is, i rrv pers, Dig line of Odds find Ends in Men's Fur Hats at $1. --.-' -- .- i - , ' i , , v WortK from SI.35 to S1.95. Ladies' TaLrv hoes Qui4 $2.95 line now for S2.00 The best value ever offered in See them on front table in shoe 07 .as) BpBJEWriflnt Clothing Salem in reliable footwear. department Anti Methods Of dentiatry mo used by tb major ity of dentiala even In thi day. and how often you hear I!? Ob, I bave tooth to U Hlkd or frowned and I dread to eo neat the dentin, it will hurtao, tow,t to this c'ass of people I whhto say. I use all the latest down-to-dale ap. pUanrea, alao tbe mort uocef ul inethoila to allay pain and can with out hesitation whteref,aay that J can perform any dental or?aUnn without Ah BligbleM pa n. , Other haw i aatiaflcd tbenweh ea; your e feet Reasonable , 1 txamiaatloa free T The Painless Dentist quated 2Ki THE SECRETARY IS RESPONSIBLE OPINION SUNDERED IN i - VS. JAMES CASE. SCABS SUPERINTENDENT i IS UPHELD. In tbo Manner of the Expenditure of I , the Penitentiary Betterment ' ' ' Fond. Ia Liable for Malfeasance in Office, However, if Found Guilty of Receiv ing Labor of Prisoners for Individual Profit Four Marion County Cases. In one of five opinions han'leil down by .the supreme court , yesterday, Jus tice Uean, the author, affirms the de cree of Judge Galloway of the circuit court for this county ; in the case, of J. K. Hears, a taxpayer, apellant, vs. superintendent V.'i' W. James of the Eenitentiary, resfondebt. This suit was roueht for the purpose of restraining Huperintendent James from .expending tne money ixionginft to the peniten tiary, betterment fund in the purchase of household furniture, supplies, etc., for; his individual use and benefit; charging the wrongful expenditure of fl,000 of the fund to that end, and charging the prison officials with hav ing employed convict labor for indi vidual profit, contrary to the state statute. ;. The court, after a lengthy review of tbe history of the ease and the citation of numerous authorities, holds that the secretary of state is the auditing of ficer, charged with the duty of protect ing the state from false and fraudu lent claims, ami, as he is not a party to the suit, the court assumes he will discharge the duty, and, if the defend ant approves pr presents an illegal claim it will be disallowed. Justice Bean, however, holds that that statute provides that the superin tendent of the penitentiary shall not receive the labor of any prisoner for his individual profit or be interested in any Contract upon which such labor shall be employed and, if the defend ant has or is violating this section, he may be liable for malfeasance, in office, but it Is the court's opinion that no ground for equitable : interference at the suit of an individual taxpayer. She May Recover Damages. Chief Justice Wolverton, in an opin ion rendered in the case of Susan M. Davis, respondent, vs. the City of Sil-, verton, et al., appellants, an appeal from this county, reverses the. decree entered for the plaintiff by Judge Gal loway and dismisses the action. This was an action to enjoin the city from collecting an assessment against the plaintiff's property for the im provement of First street and for $200 damages in the destruction of a stone wall which marked the street line of the plaintiff's premises in the process of widening the street.; The supreme conrt holds that the action of the city authorities 'was proper and regular in the improvement of the street and that the assessment against the property is collectable, but, if the Hty trespassed upon the rights of the" plaintiff in the removal of the wall, it may be respons ible for damages, but, being recover able by law, the action has no place in the equity court. X Plaintiff's equitable remedy s is 'held extinct and her only remedy ; now is to repossess herself of : the property and sue for damages in the law court. v-- Vacating vValver Is Held Valid. ; Chief Jostiee Wolverton is also au thor of another j pinion, in a Marion county case, in which he nphoWs the decrye entered by Judge Burnett. This is in the case of George A. Wolfer, re spondent, vs. H. A. Ilinkle and W. 8. Hurst, appellants, brought for the pur pose of recovering possession of a 10 acre bop yard near Aurora, the prop erty of the plaintiff, aad for the eject ment of the defendant renters.- , Defendants' lease of the premises expired on October 1 1904, and, under the terms of the lease the tenants waived the right of thirty days no tice to vacate, as provided by statute, and the plaintiff! brought snit-for for cible entry aad detainer. Defendants' principal contention that the clause ot the r lease under which they waived right of notice was invalid ji1 claimed tbe right td lease- the. property for an indefinite term of year under an- al leged verbal agreement entered Into between the parties, principal tor the lease. The court, however, holds the wajver of vaeatinn notice valid and the tenants subject to ejectment at the expiration of the lease. This ia a very Important opinion in that the - crop of h6p bow growing upon the property is valued at approximately 1,500 and the question of the right of possession was InvpWfd.f f : ",lr k : Judge Prater la Rereraed; The decree entered by Judge Ffaxef of the j circuit court for Multnomah county, ImJho of MjltBomfli eonnj ty, appellant, vs. the First , Naltonal i'.k of Portland, anil W F. White, respondeata, is reveieh ia an. opinion rendered by Justice Moore and tbe suit is dismissed. ;-' ' Thi-atHa involves the validity of aixtv-aine tax certificate, aggregating - . . i . . A ma OS . Shiwa by White 'from tbe Isnk . and.- with costs roi aie, cic, r later" declared void , in a .former snit brought by the county in the circuit court and relinquished byWhite. : The tax certificates -having been returned to and cancelled by the county clerk, the county court treated the assign ments as" not ' having been made and decreed the transfer void. The hiipreme court , holds the valid part f these warrants was a legal right against the county and the money paid by the bank for . all ' of them, issued and ' endorsed in the manner indicated, afforded a claim that merited consideration, there-j l A 1 - ' - - ll . 1 1 vj auiuuriiin j lue county anu Dans; to effert sl rnmnrnmiip anti Knvintr done bo, by exchanging warrants for, tax certificates such agreement should ' be upheld. , Insolvency Knt Proven. S In an opinion rendered bv Justice Bean the judgment rendered by Judge uaiioway oi loe jiarioa couniy circuit court in . the case of Walter Whelan, respondent, - vs. I. II. McMahan and! A. M. -CJougb, appellants, ia reversed and the complaint dismissed. , It is held in this case, that a suit in equity to set off one judgment against another cannot be maintained) unless insolvency or some such ground. for 'equitable intervention is alleged t and proven. In this case the allega - : r ip you want quality; comb If you want to wear the beet hat in the market, ask for the ROBERTS $3.00 HAT Best in atylet quality and comfort. Come .and see the largest line of fall hats in the citr. - SALEM WOOLEN MILL, STORE tion that MeMahon was insolvent was not proven. The former opinion, in the ease of F. F. Harrington, respondent, vs. A. L. Demaris, appellant, from Umatilla county, Judge W. B. Ellis, on r!i ear ing, is modified by Justice Moore Rehearing Petitions Denied. 1 Petitions for rehearing in other cases were onied as follows: Octavia Ausplund vs. J. W. Higglns and the Aetna Indemnity Company. J. II. McClung vs. W. E. Mcl'hcr son. Oregon Transfer (lompany vs. pity of Portland. , Geo. Ablwt vs. O. K. I; N. Co. J. A. McKinnon vs. J. W. Iliggins. F. S. West vs. J. W. Iliggins. , P. F. Fouts vs. City of Howl River. I O. Darr vs. Guarantee Savings & Loan Association. r Margaret Barringer vs. John W. Loder. . t O. R. & X. Co., vs. Umatilla county. Frank C. Sharkey vs. C. F. Catt diani; petition for rehearing allowed. 8. O. Carrell vs. Augusta Bailey; motion to affirm judgment of circuit court allowed. Leonard Kobat vsl Maurice Moore; motion to strike out-bill of exceptions denied. J. G. Beed vs. O. O. Jennings; mo tion to dismiss appeal denied; diminu tion of record allowed. ' NO BEARING ON PEACE QUESTION J. Pierpont Morgan Discusses , China Railroad Matters With Prcs ' ident Roosevelt. . , OYSTER BAY, Aug. 28. J. Pier pont Morgan had an extedel confer ence with President Roosevelt The conference relatcl to matters pertaining to the Canton-lIanliw railroad ( in China and- its probable disposition by the. present; owners,? the American China Development Company. J. I. Morgan & Co. practically controls the road and its concessions. Tbe confer ence had no relation to the pending peace negotiations. :" 'j "' ' mm ' f OFFICERS FEAR SUICIDE. No Trace Found of Parents Who Aban doned. Children in New Tork HoteL - - ' : : AtBANY, N. Aug. 2.-Eviienee as to the idejitity of Mr. and Mrs. John W. Rogers, who went ont-f the Hotel Heneyck here Friday night, lev iog two little boys, one a baby of six months, the other six years old, in the care of a chambermaid, is steadily ac cumulating, bat their t whereabouts -are as much a mystery a ever. . ' There is nothing" to. show why they should wish, to abandon the children. Thus far nothing has developed to ia dicath that the Rogers are fleeing from justice. One theory tipon which ' the police, are working is that berhaps, finding themselves without means, taey have committed suiride. y j 1 SUTTON SPRlNOS SURPRISE. V Defeats Le Boy in One Set and Almost Wina Second. - '.. -- .tv f ' , CINCINNATI Aug. 2. Tbe sur prise of the tennis tournament came this afternoon when Miss May Button, champion woman tennis player of Eng land tad America, defeated Bobert LeRor in one set and almost defeated hinw ia .ike- saeoad-.. IRdy .U lnte.rcot-4 legate champion, New.lork champion aal world's ebawcloa it laioor tesaU. PEACE SEEMS MOST CERTAIN REPORTED JAPAN WILL SUBMIT V NEW COMPROMISE TODAY. TO EXACT NO INDEMNITY Will Cede Back to Buss la 'the Northern Half of Sakhalin ' Island. items Regarded as Only Stmnhllng Blocks to Peace Agreement and Pros pects Look Brighter Due to Influ ence of President Over Mikado. ST. PETERSBURG, Aug. 29 (3:15 a. tn.)J An A.k-iated I'ress dispatch front Portsmouth declaring ' President j Roosevelt was authorized several days to tmb woolew mll store - ton agd, on behalf of. Japan, to waive all ciaim for indemnity or reimbursement fon the cost, of the war and. to cede back to Russia the northern half of the island of Sakhalin, leaving tbe "re demption" price of it to arbitration, was received , too late here last night to reach the general public, but its sig nificance was instantly recognized in quarters where it became known. TBere ;is every reason to, believe, judging from the official expressions given out by the foreign office since thc( beginning oft the negotiations at Portsmouth, that ' this , proposition by Japan to waiye the question Of indem nity goes far toward removing tbe last and,' Mc6rding to official explanations, thd only stumbling , block in the way of peace. , , .. .; ' , , " i Japs Turn Tables on Bears. ; V Portsmouth, Aug. -28. Tomorrow morning- Bafon "Koniura, acting - upon instructions ffom Tokio, as a. result of fjxfcjy a - meeting of the cabinet and elder statesmen, under the direct presi dency of the emperor of Japan, will submit to Mt. Witte a' new basis of compromise,- and that compromise, it is irmly believed f tonight, will insure pesfce. ,( .J -s - r - The fevftlatlon was Veoatalned in the Associated Press antiouneement today that Japan has 'already- informed Em peror Nicholas, through Ambassador Meyer, that Japan Was ready. to waive the, question ',jhf -indemnity and submit the price ; t(i be paid for, the northern, half of Ka.khi.in to the judgment of a mixed commission, prepared ,lbe way tpt, Japan's backdown upon the main; Bmrnm i As leaders and exclusive designs in wearing apparel. ' - n eMimi.iiM.MMft- . . - ' - Sdlerh ' : Vdolen - - ,- - . f r" issue. The announcement has been the sensation of the dar. It Nad met with denials high and low and was decided to be impossible or incredible. Never theless 6n all bands tt s admitted that if Japan took this position the ground was cut out from under Kmperor a icq olas. , Witte, bv consummate skill in con ceding all of the demands of Japan in volving the real issues of the war, had m&nenvered his adversaries into the position where, unless they abandoned the claim for indemnity, they, could be held resjionsible for continuing the war for mowv. The Japanese, by now foregoing the indemnity, practically turn the tables upon Russia and shift the burden back to her shoulders if she dot not con sent tosubmit rlhe minor isue to the impartial judgment . of a tribunal Witte publicly disseuta vigorously 'from tbe VroP!,'l'on 'and there will still be a struggle with IVterhof, but if .Japan tomorrow agrees to formally renounce all claims for direct or indirect coin pencation for the expenses of the war the big stnmblinjr block to m-ace is out of the way. Financial Situation Discussed. Portsmouth, Aug. 28. While appar ently the real negotiations leading up to to4lay's denouement were conducted by the president at Oyster Bay, acting through Qaroa Kaneko and Ambassa dor Meyer, it is now believe! that much has been going on beneath the surface here, another indication -of the sud den tnrn of evpnt t-tis t'v nrriva! tire tonight ofVrank A. A"an t-i lit-, vice president of tbe City National innk of New York. lie went to WittcV room and remained there an hour. When asked his mission Vaaderlip said lie was only "interested"-in the sit uation. U9 evadfcd inquiries as to whether the subject , of a loan had been .dis cussedbut considering the importance of tbe financial group of which the City National bank ia a member, and the facta that tbe bank too a portion of one of the Russian loans, it is fair to, assume that the question. if finance was not entirely ignored. Some of the Japanese are greatly excited today over the reports that the Japanese government had surrendered on the question of indemnity. They declared Uiat if true it would cause a tremendous outburst of popular feel ing in Japan. Getting Ready to Fight. '.' Ht. Petersburg, Airg. 2?. An imper ial ukase orders the mobilisation of troops for the re-enforcement of the army in the far east. The -order ap plies to certain districts in the govern ments of Vilna, Grodno, Kovno, .Court land, Lovonia, Perm. Vattka, Him birsk, Haratova, Vorcnbiirg, Astrakhan and Ura and to Don Cossacks. Horses ha'e leen requisitioned in various dis trict of the eighteen governments. General Kuropatkin Resigns. London, Aug. 2. The Japanese cor respondent of. the Daily Mail sends th rejot that General Kuropatkin has re signed command and that his health has given away, BUBONIC PLAGUE AT PANAMA. -.WASHINGTON,.". Aug. 2S. Omsul General Ie at. Panama, Table the stale department that there was oe death from bubonic plague in Panama Satur day. - . '' .;' , ' .V . Night Officer and Mrs. 'Frank She deck have returned from a ten-days? visit to relatives in Yamhill county. THE GREATEST CLOTHING STORE IN Our big arid most successful mid- -1' . .-.- . ' . -. .. .- . . slimmer sale is nearly a thintj of the past. style makers we are showing new lines in fall arid wlntcf fabrics in men's and, boys' . ' Mill Pfoprlctor SLEEP IN ARMS OF OLD NEPTUNE ALMOST ENTIRE CREW OF PE CO NIC LOST AT SEA. FOUNDERED IN A HEAVY GALE Immense Wave Strikes Vessel Broad side and she Sinks Almost Immediately. Only Two of Crew of Officers and Men of Ship, an Italian and s Spaniard, Escape with Lives Twenty Men Go to the Bottom. FERNANDINA, Fla.. Aug. 2 Twen ty men constituting all but two of the officers and crew of the American uteamship l'econic, Imund from Phila Iclphia to New Orleans with coal, were drowned by the sinking of that VcsihI off the coast of Florida todny. The di-. aster was the result of a fierce gale which rsgM nlng the coast during the night and vt uning. An imi i i"t wave tdruck the vessel with tcrrilie- fr- The impttct, coming just -as tbe v i :., making turn, caused a fhift .r the cargo and the vessel leaned Yf-r and sank immedi ately. The accident occurred so quick ly that only two of those aboard, an Italian and a Spaniard, were abln to save . themselves. They succeeded iu getting into a life boat, reached Amel ia Beach and told the story of the dis aster. At the time of the disaster the ship was about 2tt mile northtwat of here, hhe was a ship ef IjjI tons reg ister.''' . a , DON'T WANT S. BEER. . VICTOR r., B. C, Aug. iS.The western 'snalian brewers have decided to present n vigorous protest to the Do minion government against tbe contin ued imjwirtation of American beer, which, it is claimed, has urn out sup planted the Canadian product in the western market, and the sale and con sumption of which is rapidly increasing in this country. The objection of tho Canadian brewers .is that the govern ment compels them to make their beer from pure malt ami hops, while there is no restriction upon tho American brewers. This, tho home brewers urge, is manifestly unfair, and they think, that tho government should either er mit them to use the cheaper materials and ingredients, or else place greater restrictions iion the imported product. IS VERT STRANGE COINCIDENCE. Although Thousand Miles Apart Deaths -. " . of Husband and Wife Occur Simultaneously. NEW YOKK, Aug. 2. Separated by 1.000 miles distance, Mrs. June Johnson tie Rock, Ark..cmfwjrjetnoicmf wypetao and her hiifhand, Allan Johnson, a Lit tle Hook. Arkansas, banker, met death almost simultaneously today. At tho precise houj- when Mrs. Johnson's lody was taken from the bathing waters at Conev Islam!, a telegram reached here to inform her of the death of her hus band. Sal-em . Store IP?- wn