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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Nov. 30, 1903)
FOUR -3 TME O AILY JOUBNa tfXLEM, OREGON, MONDAY, NOVEMBER SO, 190. Mm frtBii fc i lm. i w m III iiuipp MO ! IIM WMIIIW - l ! a- 9. h ".' .yw ALEM LAWYER WINS GREAT MINING SUIT John A. Carson Apperas Against An Array of Counsel From several btates and tor Away With the Case A' cablo dispatch rccolvcd In this city Saturday night brought tho news -that a Salem lawyer had won out In a groat lawsuit for raluablo mines In .ho Copper Itlyor country, Alaska, be fore Federal Judge' James Wicker sham at Valdes. The coso Is enticed Chlttyna Ex jrioratlon Company tcisus H. P. Mc Clollan, J. Ij, Sweonoy, the Alaska Copper Company and others, about 25 defendants in all, for whom appeared F. D, Arthur, general counsel of tho 'Alaska Copper Company, and Carson & Adams, of Salem. John A. Carson .lias had personal conduct of the case, lias made several trips to Alaska, nnd one trip to tho Philippines to gaiher up tho testimony. Depositions and type-written tostl--mony consisted of ovor 3000 pages, with all of which tho Salem lawyer 1)ecamo porfectly familiar. Counsel against defendants wero also New "York lawyers, Andrew Burleigh, former gcnoral counsel and receiver of tho Northern Pacific railroad, U. S. Senator Hoyburn, of Idaho and Con Srossman Cushman, of Washington. Tito copper mlnos in litigation are located 185 miles cast of Valdoz, and aro alleged to bo worth 2,000,000 In tho pleadings. Tho termination of hls suit Involves tho construction of X wore Intrusted to his cara" iX u Judge Ross, In concurring, (4y: "I think: the records and evidence show very clearly that thp contempts of Judge Noye's and Frost were com milted in pursuance. of a corrupt con' splracy.'' : 1 In another place: "For these' shocking offenses It Is apparent that no punishment that can be lawiuiiy imposed in a contempt proceeding Is adequate." Tho sentonco Imposed upon Frost for tho "gross betrayal of tho Inter ests of the United States" was 12 months in tho Alameda county Jail. He served a iiortion of his time, nnd was pardoned. Now he' is to bo in trusted with the ta3k of looking after a, railroad, to cost Ave to seven mil lion dollars. On Mr. Carson's presentation of the matter Judge Wickorsham ruled In 'favor of the Salem lawyor throughout. ...i ,,,, ,., .. , - irusieu wiin tne ta3K oi iooKing arter ana gave him a decision on tho merits , , . , ,, A ... .... 8ni.ir.inv i n.. - h, Interests similar to those he "grossly counsel, who wero supposed to hold s'ted" on a previous occasion. familiarity with Uio testimony. In Fatally Injured by an Insane Prisoner In His Custody. DECISION IMPORTANT TO TIMBER LAND LOCATERS Tho United Statos government has. to bo hoped will become the land of- scored its first success Jn tho tlmborflco rulo on tho subject. Ho stated entry frauds by a conviction for su bordlnatlon of porjury before a Jury In District Judge DoHavon's court In San Francisco. Tho case Involved 18.000 acre of land In Northern California, some of which, It Is claimed, Is mineral In charactor. Tho law rolatlng to tim ber land ontrles has boon for forty years uucortnin, caused by tho poor attempts of the dorks of the gonornl land offlco to draft doclslons In nc cordanoo with tho annlogios of law or tho rulos of Jurisprudence Again and again bnvo thoy run amuclc against tho decisions of tho courts, nnd wore compelled to reverse themselves. This oroatod so much confusion that iho best land lawyors in America hardly know how to advUo their clients In such matters. Judgo DoHavon's doclslon Is given In hl3 usual clear-cut Uylo, nnd It Is ract their presentation showed they were not fnmlllni- wlih tlm -nn.j The caso will probably be annealn,! Bakcr CltJ 0r-' Nor- 30.-Ch.Ief of to tho United StAtea rlr.if r f . ollce Kllbourno was assaulted by appeals at San Francisco, of which Jamos Wolch Sunday morning nt 9 Judgo Gilbert, of Oregon, is a mem- 'cIock and fata,1' Injured Kll bor. Hero again Messrsv Carson &bourno arrcstcd We'ch tor being Adams will probably bo asked to caro drunk and dl80rdorly on the streets, for their clients, and their familiarity and took hlm to Ja"' with tho Oregon court decisions will ' Whll scarchInS hln Welch sudden bo of great advantage to them. j,y turncd on K,lbourn wljo Is an old It cannot bo learned1 what fees the man' paat C5 years of age' kncked Salem lawyers will Redout of thlshlm down' Jumned on hIm. breaking caso, but they aro certain to bo largo !threo r,ba and k,ck,ns out a11 h,s probably tho largest over earned by I a Salem law firm and their friends inu ""-" KUUUKm lu 'a8S -no jaii will not begrudge them their good for-, nU' near,nB u, disturbance, rushed tunc Owing to tho fact that tho Alas-lto tho ch,of'B asa!stanco, clso ho would kacodols copied from tho OroKon!havo been k,,Ied outrlPnt- Tho men statutes, and Oregon laws and court 1 8UCCOedml ln ovrpoworJng Wolch. decisions havo nlwavs boon rniin.i and tho' bold h,m unt DP"t- Shorlff Snow arrlvod nnd took him to tho county Jail. KUbourn was taken to tho hospital and lator taken home. Th.o latest news from Mr. Kllbourn's resldonco Is that death is fast approaching. Thoro Is intense foollntr nmnnir thn I'cltlzons, and if tho chlof dies boforo morning, it will bo hard, to v restrain tho peoplo and save Wolch from mob violonce. Wolch seems to realize what; ho has done, and says that ho was crazy.. Ho says that ho was at tho lnsanq asylum for sovoral months for Insanity somo years ago. Welch Is from Joseph. Wallowa county. Chief of Police W. H. KUbourn. who was assaulted nnd fatally Injured this morning, Is an old resident of this county. Ho sorvod two torms as sher iff of tho county, and has been chief of police of this city for tho past threo yoars. Ho Is very popular In tho county and city. vlHHA Above the Rest JW ,BHHk Because it's Best JW ilssfli b vLEb & 6 hi LLLLLLk. JB HHHHH A 5c cigar with a ioc aroma. uA , HpBBP' A cigar of one price one quality. A ik Jm SOLD EVCRYWHERC A . I M The Uurgest Selling Brand of Cigars M I B in the World. V 1 Kj The Band is the Smoker's Protection. A 9 decisions havo always boon followed In that tbrritory, Orogon lawyers havo a groat advantago In trying ruch casos. that whoro a person sought to acqulro public tlmbor land for his own uso and had no agroemont with any per son previous to making his application at tho land ofllco, and then lator, for somo good reason, changed his mind and desired to dlsposo of his land to somo ono olso, ho had a perfectly logal right to do so. His honor said that ho might ovon borrow mono on thi? land, or glvo a note or a mortgage. All depentlod on the honosty of the Intontiou of tho ontryman. But wnore an ontryman makos an ngrooraont with somo party prior to tho making of his application nt tho land omce, nnd with the full knowledge nnd In tent to transfer the lnnd to some oth er party for a consideration, then tho ontryman Is guilty of perjury, and a porson or persons who induce him to outer Into Mich an agreement are gull ty of subordination of perjury. ' HOBOS ARE ' PLENTIFUL IN ALBANY It Requires Constant Vigilance on Part of Police to Keep Them From Causing Trouble ? WHY EX-G0Y. GEER . ISN'T GIVING THANKS Hon. T. T. (leor, of Marlon county, lost the governorship, lost the sann torshlp, nnd now he has lost his over coatalthough thoro Is no ovlilonce that it was a Kepubllcan party who stole the latter. The Portland Jour nal has tills account of th last rob reb bery: "Although Inst Thursday was Thanksgiving day, soveral people orifltted to give thnnks. There was, for Instance. T. T. Geer. who was formerly governor of Oregon. No an thems of praise are forthcoming from the lips of this tall bard of the San tlam, nnd there Is blood ln his oye. For someone stole his overcoat. When the fornior governor was In town the other day he left his over coat In his room at the Imperial ho tel. Ho returned to Portland last Thursday and found that hie gar ment had disappeared. LAWYERS WITH BAD RECORDS ARE CHOSEN To Assist the United States District Attorney In Prosecuting the McKInley and Marie Ware Timber Fraud Cases (Portland OreMonUn Nov. 30.) Wllk many capable attorneys In ,'the Unite! States wko could he ployd. why to It that Attorney Clen ml Knox Mlecunl C. A. & Pntat, a hwm eonvloteU of implication In the Nam scandals, and Kmnels J. Heney. who d,efeitittl the conspirator in tbat lHfHiBtUft (rami, to aatat In the pro eeuttuH of tttoe accused of fraudu lent kind dU? This Is a question helper aakd by many In Portlaud and Oregon. No satisfactory answor up lifaiM to bo forthoomlug. It was a surprise when Ilenuy was appoluted in tho faco of the recommendation by DUtriot Attoniay Hall, by Uie Oregon delegation, and U? others properly In terested, of an Oregon attorney for the plage The selection, of Frost, I further n conspiracy that had for Its object a gigantic robbery, and whom tiin court declared basely betrayed his government. Is an enigma too deep for the kilty to figure out. What sort of null did such a wan exercise to vet his appointment, that wasn't request ed by the district attorney, who has charge of the eases? In his OAlnlOH In the Noyee oonsnlr- aey case Untied States Judge Gilbert says: 'The whole of the evidence con- orninir Kmat nnnvlnaiu im humnJ any reasonable doubt that he not only aided and abetted to the utmost of his power the efforts of MaKentlo to ob struct the axeoutloa of the writs of supersedes, but that. In his official oapaolty, ha grossly betrayed. the in- Whayne Insurance Suit. Louis villo Ky., Nov. 30. A suit that may develop Into a second Hill. mon lnsuranco caso camo up for trial today boforo Judgo Gordon. Tho suit Is that of the Fidelity Trust Co., ns oxecutor of Itobort C. "Whayno, against tho Provldont Llfo Assurance Society of Now York, to enforce the collection of a policy for J7C.000 held by Mr. Whayno. Mr. Whayne was found dead near his home ln Beochmont shortly aftor ho had started out hunting. Tho In suranco company contonds that he committed suicido, while his execu tors maintain that his death wna no eldental. Tho docoased carried an unusually largo lnsuranco on Ills life. following thO presont Stilt will rnmn tho trial of tho case brought by Mr wnanos executors against tho Equl tnblo Life Assurance Comnanv in tn. force tho collection of a 1150,000 jolI cy. Trial of Mrs, McKnlnht. Cadillac. Mleh.. Nnr so..t, w . ford county circuit court was throng ed today when the caso of Mrs. Mr Knight, the Kalkaska womnn rim.-,! with poisoning her husband and chll dren. was called for trial. An extra panel of talMmeu wns on haud and the work of selecting a Jury was om menced. The trial nromis.-s tr i. one of the most auuiinnni i.r. i,n lever- been hold In Michigan Annual Bazar. The ladles of the Methodist lunch will hold their annual baiar Tu-sdav afternoon and evening. Decemb r 1st In the Sunday School rooms Many beautiful and useful articles win be on sale. Itefreshmenu and home made candle will be edd Herald, Nov. 29th: Hobos are un usually plentiful In Albany now. and are becoming very troublosomo. Hun dreds of those human parasites pass through tho city evory week, and try to beg throughout tho resldonco part of tho town, but tho local pollco pass ohem on as rapidly as possible. They sometimes stop ovor night on tho out skirts of tho town, and their camn track almost every evening, In tho southern part of the city ho bos have boon very troublesomo beg ging, and oven demanding food at the residences of that part of town. Sever al Instances havo been reported re cently where they became vory Inso lent and arrogant to women, from whom thoy ondeavorod to secure something to oat. Tho policy of the local police in dealing with theso posts Is to get thorn out of tho city as soon as pos sible. The night pollco aro compelled to look aftor a largo numbor of hobos every night. Thoy boo that as many as possible leavo on outgoing trains, and lock all others up ln caso thoy havo np money with which to sccuro lodging. Tho threat of hard work on tho streets is usually sufficient Incen tive to Induco hobos to leavo town on the next train. If your watch needs ropalrinc bring It to W. Calvot, 158 Stato street, prac tical watchmaker, vthn will rnnnlp If In fires may bo seen along tho railroad an artistic manner. cod Just call around at tho Fair Storcl and look ovor our holiday stock. w(l havo the largest stock of toys tM holiday goods ln Salem, and at prlc that will astonish you. The Frt Storo, 27-1 Commorcltl street. js.f Wanted. A girl for general housework; it good wages to right party. Sana family. Apply at 189 Court Kreet, or call up Main 1281. 11-M-tf 44MK-r$me44 - - - 9 Jl i iau iwo Driuges placed la my mouth, and -a tooth extrut od, and can say that It Is the only dental work I havo erer bad done that did not torture mo beyond endurance. MISS NETTIE KLAMPE, Salem, Or. X a e i m i a i s-frc-HNs-na-Hr.-frw mmmmm&mi'mm- "Holoma "A Story that Thrills yr& If you believe, or are interested, in the transi- tion ot the soul ot a hu .man being at death into another body whether man or beast, just read this storyl i It is the most startling tale of its kind that has ever appeared. In the Byron P. Card well, a Po-iin,i il.m eer and former public official la und who used a government position o. terests of the United States, whloa 4g-HH4tt049) $ . it is :t pleasure for me to roc ommend Dr. Wright's painless methods of extraction. Had a very badly decayed tooth ex traded, and soy that it positive ly did not hurt me. FELIX MUSEY,) Salem. Or. $ ?Hi3MlfltqH8i88tHaHI 6 mW , EJ i I fla8 H r JJK (B34) r. n. 'myw3&rp olit azme DECEMBER anl if Jiffif i W ,J,Vf w v "" XDSSBtl., POBtlSUKi, 3 WBST 25TH STHRBT, N3W YORK