Daily capital journal., June 21, 1906, Image 4

i:
DAILT 0AP1ITAI. JomHfAI.-aAI.SM, 00 THURSDAY, JTOB, HO
SALE PRICES ON CARPCTS
ALL THIS WEEK
$1.25 Velvet - 95c
1 .25 Axminster - 76c
1 .00 Velvet - - 75c
1 .00 Tapestry Brussels 75c
.70 Tapestry Brussels 45c
.75 All Wool Ingrain 60c
.60 Cotton Chain - 5
.40 Art Carpet - 30c
u)uu(jW
:HRU!fiflU!IlQ
OF INTEREST
TO HOP
GROWERS
Federal Court Decides a Case
Wfierelthe Crop Was Sold
Three Times
THROE
STILL
ACUTE
Clergy Continue to Stir the
WatersinWillametteUni-
versity Muddle
Tho rnuddlo in the affairs of Wil
Jlanictto University is still ia the
throes of acute agitation.
Different people and different com
mitted continue to 'ir up tbe waters.
Two separate committees are en
gaged Jn making investigation!--a com
mittee of the Salem Ministerial Asso
ciation is looking after tho welfare of
Professor W. I. Drew, and a commit
too on faculty of the board of trustees
is investigating certain charges that
arc- said! to have been mado by tho stu
dent body against Professor C. 0. Boy
r.
In a conversation this morning, Itev.
Jfr, Ilobinson, chairman of the minis
ters' committee, wild that tho position
of tho clergy In the Drew matter had
been misconstrued.
Tho position tho preachers seem to
.takes is this. The inferonco seems to
bo that Drew was fired on account of
liia position on tho saloon question.
Tho preachers say they bavo positive
proof that Dr. Coleman gave thin ng a
reason at the mooting of tho trustees.
Tho enchers do not pretend to say
Hint this is tho real reason, but at any
HOLLIGTCr.'O
Rocky Mountain Tea Nuggets
A Dm UMioIet for Baij Ptoplt.
Erlagi Ool4a Hwdth ind !aeed Vigor.
A npino fnrConntiiuitfwi. InillfCBitlon. I.WeV
ml Klumiy TrouMmu riuinlrs. Kciemn. Iriinur
Vlooi llit'l Ilrrntli. HIiikIiIi IlowrU, Ilraitaclm
let form, in crti! u has, rirnuiui) made by
ltouLinTEii Ihiuo Company, Miulliori. VI,
tiOLOEN NIJOOETS FOR 8AI LOW PEOP .-
" " ""'
Optician
Bifocal lonsos noar-slghted and far
elghtod lenses made to order.
Gold and Gold
Filled Frames
Alio mado to ordor.
will find loadonable.
Our prices you
Chas. H. Hinges
Jewelers and Optician
1 23 Commercial St.
WE
WANT YOU
To call this 'your bnnk," to bavo
you fcol Interested ia its growth
umr worth lu tho community.
An account with your "homo bank
will glvo you' groator business
standing in the community and a
prestige that you may novor have
enjoyed before.
If your name is not on our books,
wo will bo pleased to eoe it thero
lefo-o tho clso of 1000.
8AXXM 8TATS SANK.
SaIcoi State Bank
L. K. PAGE, Pkknt
, E. W. HAZARD. Casfetar
rate it was tho ostensible reason, and,
as such, their say, concerns tbe minis
terial association. If the- board of
trustees or President Coleman will of
ficially state that Drew was dropped
for reasons other than bis work in tbo
anti-saloon league, the preachers will
drop tho affair. Otherwise; otherwise
Each preacher on the Willamette
committee is preparing a separate and
individual opinion, which will be hand
ed down at tho ministers' meeting
next Monday, and from those reports a
symposium will be prepared and given
to tho public. ' '
Tho ministers are taking no action
whatever in regard to the reported
hold'-up on the appointment of Profes
sor Hover. Neither is it known just
when the faculty committee will make
its report.
One of the interested preachers said
this morning that the affair had re
tarded the growth -of tho University
for twenty years. He also said that
bo felt --positive that tho Methodist
church would not stand for a member
of tbo faculty being dropped! on ac
count of his stand on temperance mat
ters, and that if tho recent action of
tho board in firing Drew had tho en
dorsement of tho conference of tho
church, President Coleman would bo
compelled to give out other reasons for
'canning" Drew.
It is again hinted that tho minister
ial committee will find out more than
it wants to know.
Benjamin Schwarz & Sons vs. Ken
nedy. '
On December 2, 1903, Mr. Joseph
Harris, manager in Oregon for the
plaintiffs, bought from a Chinaman
named Lee Gon SO bales of bops for
15ic per pound. At that time a mem
orandum of the salo was signed by tho
Chinaman. It will be remembered by
all who were interested in tho hop
business that the market at that time
was rapidly ascending. Mr. Harris
agreed with tbo Chinaman that he
would coma down next day and inspect
the bops. Pursuant to bis agreement
Mr. Harris, acompanied by his asist-
ants, did examine tho bops and brand
and accept them. As stated above, it
will be reraembored that the market
was asceding. It appears that a few
hours afer the Chinaman signed the
bill of salo to Schwarz & Sons for
1591 cents per pound, ho executed an
other similar instrument in. favor of
Adolph Wolf & Sons, well-known hop
inerchats of Silverton, for 16V1 cents
per pound. It seems that on- the morn
ing of tbe 3rd of December, when Mr.
Harirs and bis assistants were in tho & Sons contended that the proceedings
act of inspecting and receiving the in the state court had not 'precluded
hops, the Chinaman, Lee Gon, was them from prosecuting this action in
Robbing
Yourself
That is just what you are
doing when you fail to get reg
ular and sufficient sleep. Your
body requires this unconscious
period for repair work; with
out it your nerve energy be
comes exhausted, and you are
tired, worn-out, nervous, cx
ritable: have headache, neu
ralgia, indigestion, poor appe
tite, or other ailments caused
by a lack of nerve force. Make
it your business to sleep. If
you are restless, take
Dr. Miles' Nervine; it soothes
and strengthens the nerves,
and brings sweet, refreshing,
life-giving sleep, and gives the
organs power to work natur
ally. Try it to-day.
"I had a severe spell of fever, which
left me In a very weak condition and
very nervous. I had severe spells of
headache and neuralgia, and could
sleep but very HtUe. Every effort that
was made to recover my strength was
of no avail until I began takimr Dr.
Miles' Restorative Nervine. After I
commenced to take the Nervine my
sleep was profound and restful, and
the pains In my head, as well as tho
neuraJpia pains, left me to a certain
extent and I rrew gradually better."
MRS. B. E. GILBERTSON.
821 Berylan Ave., Belvidere, Ills.
Dr. Miles' Nervine It sold by your
druggist, who will guarantee that the
first bottle will benefit. If It falls, ho
will refund your money.
Miles Medical Co., Elkhart, Ind
American Insurant
company
Of Newark N. J.
To Our Policy Helders:
We publicly notify you that the American Insurance rv
ark, X. J., accepts notice of loss from all its policy holders W'
was uesiroyeu in iut oau .cruuciscg connagration of April IStli
"Oth. anin tlmo for Mine satisfactory nroofa nf in, i... , ' i
writing to August 17, 1900. And we further inform you thiTttfi
IS PAYING AND WILL CONTINUE TO PAY Atll
JUblCU LLAIMS IN rULL WITHOUT DISCOUNT
Our San Bsancisco losses will not exceed $1,000,000.00 j ...
lipm in full tho American will still havn nvnr ."; aaa aaa ffl
.. Tv,vw(uw,w asset
GOBDON & HOADLEY, Pacific Cow jL,
TEMPORABY OFFICE BOOM 25. OANNINQ BLOCK, 0AKLA?
Richardson & Inman ,,
Have You a Cough?
A dose of Ballard's HorehounJ
Syrup will relieve it. Have you a
cold?
Try it for whooping cough, for asth
ma, consumption, for bronchitis. Mrs.
Joo McGratb, 327 E. 1st street, Hut
chinson, Kan., writes: "I have used
Mallard's Horohound Syrup in my
family for fivo years, and find- it the
most palatable medicine I ever usod.
For salo by D. J. Fry.
Preparing the Bine Bango.
Work on the- new stato rlllo range,
wcjt of town, Is progressing rapiillv.
Tho annual shoot Ii to lu. held In this
elty July Mb, at which timo represen
tative! from 17 of tho companies 'of
tho (i xgoii .National Guard will bo In
the city to wrest tho statu trophy from
Company M, of this city. The Eugene
papers state that both companies wil!
send down strong toains to compete for
tho trophy. Thw samo story comes from
every other company in tho state, nn.l
it (is to bo seen that tho contest will
ba, tho most aggressive held In yeiral
nod that tho competition will bo keen.
Captain Mwjriiy bus a crow nt work
ou tho range, nml indications are that
It will bo tho finest iu this state. Jul-,
1HU will bo a gala day for Salem, nnJ
tho aoldior boys will bo given a cor
dial wolcomo by tho population of tho
Capital City.
r in . . 3
over" at Woodburn, and while thero
sold his crop' the third! time to Mr.
John Kennedy, now deceased, for 17
cents per pound. Mr. Kennedy ob
tained possession of the hops forth'
with, and then Benjamin Schwarz &
Sons began an action against the Chi
naman, Lee Gon, and Mr. Kennedy,
to recover possession of tho crop. This
action was commenced in the circuit
court for this county, and was tried
In January, 1004, before Honorable
George II. Burnett and a jury. At the
trial it appearod that one Ah -Chop
claimed a slight interest in tho crop,
and becauso of tho peculiar rules of
law governing cases of undivided, prop
erty, Judge Burnett charged the jury
that their verdict should bo for the
defendant, in case they found- that
Ah Chop had any Interest in tho
crop, because; he, Ah Chop, had not
signed thu bill of sale. Tho plaintiff's
attempted to show that Ah Chop was
present when Leo Gon signed tho
bill of salo and that he readily assent
cd to the salo. However that may be,
the jury returned a verdict in favor
of tho defendant, and from the judg
ment entered on that verdict, Bonja
min Schwarz & Sons appealed to tho
supremo court, and after trial in that
court, tho judgment of tho circuit
court was affirmed. After a consider
ation of tho wholo case, tho attorneys
for Benjamin Schwarz & Sons decided
to begin another action in tho U. S.
er"cuit court against John Kennody
for tho value of tho hops. Among
lawyors this last named action is com
monly known n conversion. Schwarz
the federal court, and in this conten
tion they were sustained by tho Honor
able Charles E. Wolverton, U. S. Dis
trict Judge. The case was set for trial
on Friday last, the 15th inst., and on
Tuesday morning, tho 19th inst., the
jury returned a verdict in favor of
Benjamin Schwarz & Sons for
$2602.30, (tho plaintiff sued for $280Q)
and upon this verdict Judge Wolverton
entered judgment in their favor.
This case is peculiarly interesting
to tho people of this county. . It is ad
mitted everywhere that in Marion
county more hops aro produced than in
any other portion of the United States
It is also well known that juries in
this county havo permitted their bias
and prejudice to swervo their judgment
and bring in verdicts against tho brok
ers and the browcrs. It is admitted
by every brewer and hop broker and
their attorneys that it is impossible
to secure in this city an impartial
consideration of their Tights in an
action beforo a jury of this county
This is most regrettable, becauso of
the fact that this city and county aro
more greatly interested in the hop
industry than any other portion of
the Union, and it is to bo hoped thiit
a better feeling will prevail in tho
future.
Tho verdict' for Bonjamin Scbwarz
& Sons In tho federal court is a most
signal victory for themsolvcs and
their attorneys, Carson & Cannon. As
stated) bofore, Schwarz & Sons failed
in, tho state courts, both circuit and
supremo, but on nccount of tho fact
that tho judgments of both courts was
inconclusive upon the question of the
ownership of tbe hops, tho issues' were
again tried 'bet.ween the parties in
the federal court, and thorc, before
a jury selected from the whole state
of Oregon, a verdict was rendered in
favor of Schwarz & Sons after a -careful
trial. The attorneys for tho de
fendant. Messrs. Grnnt Corby and
George G. Bingham, of this city, have
not yet s'nted whether it is the inten
tion of their client to prosecute the
causes before the federal appellate
court. The Journal has no interest in
this case whatever, but it takes the
present opportunity of observing that
the substantial irrtcrosts of Salem and
Marloni county require that the state
courts and juries should treat con
troversies ovot tho sale of hops in
the same impartial manner as is ob
served in the trial of other causes, and
especially cease from exhibiting preju
dice against browers and hop merch
ants. It is very prcjudical to tho in
terests of any comunity to arraign'
clnss against class, race against race,'
or religion against religion, and tho
samo remark can be appropriately ap
plied to controversies of this nature.
After several years of litigation, the
highest court in this state has declared
in this case that contracts must bo per
formed, and that prejudice should not
be tolerated. While wo congratulate?
Bonjamin Schwarz. & Sons and their at-j
torncys, Carson & Cannon, upon the
result of the trial, wo fell that tho peon
plo of this state ought to be congrntui
lated moro .heartily upon tho fact that
prejudice and narrowness aro discoun
tenanced by Oregon courts and juries.
X-RAYS
TM. i . ,i
x uin. tuuuiy wm nave to suppIrvJ
ton. Lincoln and Yamhill.
will have to supply Linn. Lu,J
mue too tar away to get anjtliln
w m
When the Portland MaroosiT
feated last Sunday by the W
farmers, by a score of 7 t0H
wasn i a roruanrt' paper big r
hold the news. oo(lburn h'i
uuiu mr mu ues amaicur tejEjJ
sunt'.
That Tired Feellag.
If you are languid, deprn
capable for work, it indlutai
your liver is out of order.
will assist naturo to throw oli
aches, rheumatism and allmtitti
to nervousness and restore tin
gies and vitality of sound uji
feet health. J. J. Hubbard, In
Texas, writes: "I have njed
for tho past y ears It bia
mo more good than all the dxtnl
is the best medicine ever BiJtfc
chills and fever." 50e. For d h
J. Fry.
Acute Bneamatlsm.
Deep tearing or wrenching pains,
occasioned by getting wet through;
worse when at rest, or on first mov
ing tho limbs and in cold or damp
weather, is cured quickly by Bal
lard's Snow Linimont. Oscar Oleson
Gibson City, HI., writes, Feb. 16, 1902:
'i A year ago I was troubled with a
pain in my back. It soon got so bad T
could nor bond over. One bottle of
Ballard 'i Snow Liniment cured me."
For sale by D. J. Fry.
About Food Adulturatioa.
A case of considerable isttrtsl
tho lovfcrs of pure food is thrtrf
State of Oregon against GeorgtM
rich, who is accused by J. i
tho state food and dairy coram!
of having sold lard May 3, M
is said to have been adulterated w
low, which Injuriously itffateH
aualitv and Duritv of thli irtitH
food, and that tho same was not
ly marked to distinguish it fcw'
pure article. Tho case was Ujai
morninc in Justice II. IL J'
court.
An Alarming Situation.
Frequently results from the "'j
clogged bowels and torpid W
constipation becomes chronic
condition is unknown to tho'e w
"Dr. King's New Life PIH; j
and centllest regulators of
and bowels. Guaranteed ty1
Perrv. drueeist. Pri. 23c.
This Famous Book
Pooplo who are cloan insldo will look
like it and act It. They will work1
with energy, think clearly, act clearly
and havo healthy thoughts. Holllstor'j
Kocky Mountain Tea. It makes clean
people 35 conts, Toa or Tablets. Dr
Stono's drug storo. ,t
o i. ' if "
' IMji Tnhftrflnrwo. '. ' i
(Mobile Register.) J4 f '
f. teacher had been trying to make
cUjar to her class in reading tbo moan
ing of tho word "heredity" and its
follow word "hereditary," leading up
tqi tho word "inhorlt," cmphaslrlng
thut it meant "what wo get from pa
rents' Feeling that sho had used up
ouough onorgy in tho effort to clarify
tho sigultloauco'of the two words, she
askod a boy of modorato brightness to
give a sentence containing the proper
us of tho word "inherit." Quickly
he answered; "I luherfted bard spank
lug from my father and easy oaes from
Mp KUkr,-'J - f -
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HOFER BROS
PUBLISHERS,
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Bad Boy Abroad
By HON. GEO. W. PECK, '
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Pec Pat Den tit RdtlUon, Etc. .
flls a new book about this
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more fun than anv other boy
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accompanies his dad on a
tour around the world,
which the latter takes for
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The Bad Boy keeps up his
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pi Every tine a Laugh!
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Capital Journal kftfe1 "- ,.
Slem, Ofegpn. , v .
I Printed on good paper. New Type. , NfT-J
--gouad m doth w& mntifo cover ia'coW -
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