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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (July 14, 1909)
I x f u, orxcvtal VOL. XEC. VIIA VJ.U'ITAL JOUItNAL, SALEM, OKEflOX. WEDNESDAY. Jl'LY 14, 1000. NO. 151. iSiSPiSiBB(fe!iM END OF A FAMOUS HOP SUIT That Is, Another, the Third De cision in the Circuit Court, Has Been Reached. MAY APPEAL AGAIN MATTER HAS IIEEX IX MTIOA TIO.V IOR FIVE YEARS OXE OK .MOST HOTLY COXTESTED CASKS EVER TIMED IX COUNTY. IX SUPREME COritT TWICE. Yestorday nftornon thoro was re turned Into tho circuit court a vor dlct In favor of the plaintiffs, Messrs. market In that year creatly advanced and It happened that on October 10. 1904, when Jones ought to have de livered the hops to Catlln & Linn, tho market had Increased to 31 cents per pound. Catlln & Linn, on Octob er 10, 100-1, sont Mr. Earl Race, who was then In their office, to see the defendant for tho purpose of ascer taining whethor or not tho hops weru ready for delivery, and. If they were. to receive them. The plaintiffs con tended that on that day Jonos did not have tho hops at the warehouse at Brooks, where ho agreed to deliver them. It wns admitted by all par tlos that Jonos had 10 Dales of hops In tho warehouse at Drooks on that day, but tho total amount to which tho plaintiffs wero entitled was C! bales, or, to bo moro accurate, 14, 080 pounds. The plaintiffs assorted that Jones did not havo all the hops at Drooks on October 10, 1904. ready for delivery, while on the other hnnd. Jonos assorted that tho hopti woro thore. Much testimony was tnken upon tho question whether or not Jones wns roady to dollver the hops. Tho case Is Important on account of tho stubbornness with which it has been contostcd. Tho action was commenced by Catlln & Linn in 1004 They nought to recover from Jones the difference between tho contract BENEFICIAL EFFECTS OF RAINS IMMENSE OREGONIAN COMPELLED BY HARD FACTS TO CONCEDE THE VALOE OF JUDICIOUS PRAYERS (Bulletin 'ssued by Portland Commercial Club,) Portland, July 13, (Special.) Estimates of the year's wheat crop In the Pacific northwest fix the probable yield at about 55,000,000 bushels, an increase by 15,000,000 over last year, This figure may not be reached If unfavorable cond! t'ons at harvest set in but with normal weather it is believed the yield will be large, Recent rains have been of immense benefit to the growing crop. Districts where the grain was practically given up because of the continued drouth have taken heart again and the wheat is filling out in fairly good shape. price. t-M, cents per pound and tho ' The value of the rains of the past week to the wheat crop is market prico. 3i cents per pound, on iariniislv estimnted at from S1.000.000 to S3.000.000. In creased acreage in many sections of the state makes up in ce total yielcMor a short crop in some districts, As wheat s still sticking around the dollar mark, Oregon's bis wheat crop will mean a great prospeiity for this section of the United States during the coming year. Recent rains have also been of great benefit to the fruit crop. wi in mvur oi ino i ., , , iii t , i r n. . plaintiffs, and roversed the lower i nere nas ueen a general nrencnmg anu nearis oi we tanners ?Trn, T,mpminci!I?.l,lS,nntihclflll i are light as a consequence. With the exception of some loss! SpelT waTtZt it Tones- $$' to cherries and hay, no damage has been done by the down ing imps m me war-nouBc pour out mcaicuiauie gouu nas UUUI1 ruuiuuu. oiigui uumue HOnwo,Vd0VrfMhl!"lcn- o cherries has been more than made up in the good to other fnir ipportunity to inspect fmj crnns, such as orunesi Dears and apples, Prunes have of 'October. i9ol4 ivu. be , RS1?; ,r '". ' Xs 'elt the I enett n the ran to a great extent and a large crop lorcd by all porsons who havo bad nrilnW fm nnv Inlnrnol In tl.n !... I.n.ln tl.nt II... . IPnliHniin.l nn nnn. K "J IUL lGU IU' ...j ....v . ,-MW ... KliV MUf t.UUU IllUb HlWr I . W..H..I.VU UU 'tH' u ' October 10. 1904. the date when tho hops should have been dollvered to them Upon tho Ant trial tho Jury.1 CatPn & Linn, well-Known rosiaonu i tmder Instructions from Presiding oi mis cuy. lor me ium amount e: .i1uiro nurnett. aftor much dellbera tlielr claim against Mr. s. W. Jonos, I tlon. returnod n verdict for the de- a prominent nnu well-to-do rnrmor In Drooks precinct A brief synop sis -of tho case, tnken from tho rec ord, shown that on July 10, 1004, Catlln & Linn nml S. W. Jonos signed a snlo memorandum, whereby Jones agreed to sell to Catlln & Linn his rental slinro of tho hops to bo ro colvod by him from tonants on his vnrlms farms, supposed to amount rjrooks io lo.uuu. pounds, or inorcnuouiB, at nn hour a 'i corns per pounu, uuivory to u. tiffs a innuo uptwocn tlio 1st nnd 10th days thorn by daylight, and thnt it was fendnnt. The plaintiff appealed to. the supreme court, nnd the supreme court, after a careful consideration ' of the case, decided In favor of the I to have 7EZ?Xrj23K!X3Stam5KXXB73i OUR GREAT ANNUAL PRICE-CUTTING SALE NOW STARTS FOR THE MONTH OF JULY The price, on nil cIiismw of goods throughout this lg department More will lie sliced away down. Every dcpnilmcnt must be cleiwvcl to inuKe room ior our Fall Mock. Advance Styles In Fall Suits $16.50 Suits $20.00 Suits $27.50 Suits $8.90 $12.50 $14.90 To Introduco this department to tho people of Salem and tho surrounding vicinity wo have secured through our buyer In Now ork a swell lino of ad vance stylos in early Fall stilts nnd to still Introduce It more thoroughly wo place them on sale at prices fur below their regular values. These aro high class worsted garments In self stripes, all the latest shade. Extra lung eoats and full flare skirts handsomely tailored, silk lined and finished through out. They are the best values that were ever offerd In Salem. $8.00, Sl-.fiO, $11.00 and up. $2.00 Lingerie Shirt Waists 98c Beautiful Shirt Waists, handsomely trimmed. . QQq JULY PRICE-CUTTING SALE Deforo you buy. go to the o'her stores and get their prices, then come horo and see the money wo can save you. 7 c fancy Lawns, yard 3 fto 65c full sIza Bed Sheets 3c J1.2G white Bed Spreads 75c 9c Percales, now yard ... Be SSc'wool Dress Goods. 40 inched wide, In all the latest shades and self-stripe designs, now yd. . .49c 50c wash India Silk. In everj new shade, now yard 35c Ladies' J3.00 Oxford Ties now I 95 Ladles' J2.00 White Canvas Ox fords now , "5c" l(mnants of Draw Goods Half Price uc ValencienniM Lae. yard 2c Men's 5e Working ohirts now. .39c Men's 39c Summer Underwear .23c Men's 50c Leather Gloves. .... .25c uadles' Hosiery and Underwear alf reduced. Ladles' J1.00 Corsets now 49c Great bargain now in our Millinery Department. 85c Lace Curtains, pair 49c Prices cut .-wa'. dowa on Blankets. Pair 49c. 75';. 98c and up- of Half Moon bay, and apparently were drifting sonward. Captain Clark of tho United States life savins serv ice Immodlntoly started for tho San Mateo county coast to attempt their rescue. The tides changed tho courso of the unmanageable boat and it was swept on tho sands at Granatin about daylight today. . Totally exhausted by their fearful j struggle nnd exposure the men wore nimble to find help. They woro dis covered and brought to this city about noon today. The J. C. Elliott wns washed ashore near the spot whero the three yachts men lauded. She wns battered badly by the wnvos and u thorough over hauling will be necessary. auditopTrefuses to pay burns bill United Trcii Iaid Wire. San Francisco, July 14. Assist ant District Attornoy Wllllnra Holt Cook today fllod with tho suporlor court n petition for a writ of man dato to coinpol City Auditor Kostor to pay monoy owed for snlarloa to Special Agent William J. Durns and his employes. Konter Ignored nn order to pay the demand issued by Judgo Sturtovntu, claiming thnt tho city chartor con tains no provision to compol tho dis bursement. Ho announced todny that ho will not satisfy the claims of BuniH nnd his men, unless compollod by law. T o All Silk Ribbons, all colors, 4 inches wide, now only No. 5 All Silk Ribbons, all colors, now only, yard - t a FOUND A WAY TO BEAT THE GATES Soottle. July 1 1. Dontlng tho A.-Y.-P exposition out of several hundred admissions dally, a crowd of empl'Oe on the trunk sower, Just completed throiiKh the fair grounds, with their friends, relatives, noitinliu uncos nnd some strangers, huve been makimc their entrance to the fair grounds through tho capacious tunnel j of tho new Hewer, nnd up through a manhnlo to the fair grounds. Tho scneme of freo ndmlsHlon wns discovered by Chief Wnppenstoln s gunrds after they had been working! a week on the case trying nil mauinr, of sell oin os to lenrn whonco came the mon who appoared each evening walking up the pathB from tho north east section of the grounds brushing dirt from one another's shoulders. Yestorday nftornoon the mvHtcry was solved by tho discovery of hun dreds of footprints thnt had beaten down the soft earth around a man halo lending out of the ni.v sower. whore It passes through ilia woods back of natural amphitheatre. Tho other entrance to the tunnel Is i-ut-sldo tho fair grounds on tho univer sity campus and tho subterranean pnssago is said to havo been frooly used by members of several frater nity houses to gnln free admission to the exposition. Tho dirt on tho shoul ders was explained by the small size of tho manhole, whore tho men brushed against tho aides as thoy came out. Chief Wappunstelu'liHS olamped on the lid and heroafter the under ground vwtyfarur will be burred. DRIFTED SAFELY ASHORE SUFFRAGETTES DEFY AUTHORITIES i.ondon. July 1 I. Seventeen suf fi'Hiiettew jailed for participation In tho recent rlola at the house of com mon today went on a rampant -ind smashed every pane of window ulna In their prison. Thov wero flnall) Ouletml when tho magistrates threat ened them with long terms In jall'uu less they behaved themselves III a more orderly manner. So far the wardens havo not suc ceeded In compelling the women to don the regulation prison gull). duty"teper cent on sugar beets Washington, July 14. The confer ence committee todny deoldod to ac cept the semito rate of tariff of 10 per cent ad valorem on sugar beets Instoad of the house rate of -'f per cent. The committee Is eoiu.derliK the administrative feature of tic tariff bill this afternoon but r.o conclusions had been reached nt a lute hour, o WOLGAST HAS BEST OF NELSON TEHERAN RED WITH SLAUGHTER Hand to Hand Fighting Fills the Streets With Corpses and Gutters With Blood. WILL DEPOSE SHAH ItlMlKLS TIGHT FIKHCHLY, AND T II () U (I II ItKI'ULSKI) TYIOK( CAPTIHK ADVANTAGEOUS PO SITION' IX Till HI) CHAHGr LIGATIONS GUAKDKI). a. In Outfought the Dane From the Start, But Was Unable to Knock Out the Battler. (By H. W. Madison.) Los Angoles, Cal., July 14. Fighting like a domon at all stago, boating Nelson at his own gamo, slugging, and never showing a dls- (Dnlt1 I'rooi Lrninl Wire. Tohernn. Porsla, July 14 (11:43 in.) Cannonading todny resulted the heaviest losses In both tho Lroynllst and nationalist armies that have been suffered since tho rebels stormed the city early yesterday morning. Hundreds of soldiers woro killed and tho fighting Is still In progress. It Is Impossible to esti mate the losses In either army since the fighting begun becnuo of tho wide urea over which the battle has raged The nationalists, who uro deter mined io overthrow the shah mid re establish the constitution tiro making a hard fight to reach tho pnlaco and (Nirly this morning stormed tho bar ricade) whloh are the last hope of the royalists. Three attacks wore made upon tho lutreuchments surrounding Central square, during tho night. Twice wero tho rebels repulsed but ut hist suc ceeded in overpowering tho defend ers and gaining n foothold In tho garden of tho homo of Colonel Ltnk .off. commander of the loyal Per sian cossacks. This garden adjoins tho barricade and Is a position of grout advantage of tho attacking forces. The uossneks are now shelling tho position of tho rebels In the hopo of dislodging them. When tho robots succeeded In reaching tho central sqtiuro tho shah hastily summoned reinforcements from Kusvlii and thoy aro now trying to fight their way through the ranks of tho nationalists to relievo Colonel Llnkhoff'H sorely beset men. Too colonel's wife refusod to loavo her homo when warned that it might bo captured by tho rebels and now, nor escape Is cut off, It Is doubtful whether Llnkhoff's men can check the advance of tho nationalists until the reinforcements from KiiBvIn can fight tholr way to them, although these troops uro shell ing tho parliament building In the Haharlstaii quarter in an attempt to dislodge the rebels and reach the Center of tho city. Tho engagement at Contra! squaro wns precipitated by tho Ilaktlari tribesmen, tho best fighters In Per sia, who uro lending the nationalists. '1 he tribesmen rushed the liitronch meats and u flerco fight followed Tho rebels wero repulsed but soon re uowod their attack bringing cannon from tho gates to aid them In storm lug tho royalist position. Thoy were again repulsed but u third attack was successful nnd they swept Into tho position io Be: away irom nis oppo-, Llakhoff garden. limn, au, wuiBum, muiucrwuiBuv Despite tho hoavv fluhtlnir nml boxer, of Milwaukee, defeated VoUon'JffXt tlm.ughout o cities last night n a lO-round bout at , ,oai,ur8 of tho uUon)iHt urIU Natid Junction as decisively as a mnn ,lllV0 Bellt kWumwm ,,, ', forc,Kn was ovor llckod in tho prize ring. logatlons that they are In no danger r u u uuo ruuuu, urn mm, uiu nonvy guardB have boon thrown 10c B - 3c! Out a Day and Night at Mercy of Waves Steam Yacht Is Also Beached by the Tide. Xolson havo a show, and ovon In this he only had an ovon break. Today tho Uano is badly brutsod, whllo Wnlcust doos not show a sign of the mill. When tho bell rang at tho bogln nlnir of tho battle. Nelson stalked out .,, . . . ... . ....v.. ,,.- .. ui ins corner ami moi woikami uear i pons. itiitlon. granted Jniiunn 1, the ropes. Ho started to slug, but, 1907. wns never allowed to operate Wolgast cautiously slipped around to lis full Intont by the shah, but him. fooling out tho Dano Ah soon I when he wlthdrow it entirely tho poo as no nan noibob biioq up woigasi p0 arose In rebellion. For months stnriea in ana tougni mo uano ore ; thoy hnvo beon lissom about tho legations and the best pro tection afforded all forolKii residents Tho occupation of the city and the threatened ovorthrow of the shuh Is tho result of tho withdrawal of tho constitution granted by the ruler when In ascended to the tlixono. This Ladle.' 25c HOSE SiI'PORTEHS now pair 10c J Mdfi i-'tf v or jot m s m $M& S Ctfr fneOGiL W iAf: Ji Sjri J?" .v lc coitsirr COVKIUi liundsoiiiely trininuHl tilth luce, nlllMlllH anu embroidery 25c San Francisco. July 14. Aftor 'drifting on the open ocean In a small j boat without oars or sails for a day i and a night, Captain It. H. Lawton I of this city. O. C. Preston and J. O. Conwell of Santa Cruz woro found early today on the beach at Granada , on Half Moon bay, whore tholr bat tered craft had been v,ashod by the ! tide , The mon put off from the steam ; yacht J. C. Elliott when she encouti i tered a stiff wind flurry oariy Tiips ds morning. Their oars wore wash 1 ed away and throughout the day thoy .drifted la tho choppy sea. j Lato yestorday they were sighted off Martin's beacn, six miles south his foot from that time until the end. In tho ninth round tho spec tators started to tholr feet in a fren zy, thinking that at last tho light champion was going to be dropped for the count Nelson rallied and walked to his corner at the bell, though he seemed weak Every round of the bet tie was a furious slashing affair, with NelBon getting the worst of It at every exchange, whother at close rango or from a distance. In the final Besslon Wolgast throw caution to tho winds, and started in to batter Nelson to tho floor, He rocked tho Dane's head with stinging lefts and rights, and shot In body blows until Nelson could not toll whether he was in a ring or outsjdo of one. Wolgast will cortalnly reoolvo a great deal of prestige for the per- lormance, aunougn the only way he could havo gained undisputed dos- sesalon of tho title was by knocking out the Dano. I ibllug their ar mies and marching slowly toward tho cupltul. Yestorday morning the occupied the city nnd are now fight ing tlielr way to tho paluce In nn at tempt to take control of the govern ment. The situation Is similar to that recently In Turkey, which re sulted In the overthrow or .Sultan Abdul Humid nnd the nsceuslou of his brother, Mohomed V, the present sultun. Foreigners In Danger. Tohoran, Persia, July 14 Foreign residents here are la dangor tonight, deslpto the assurances of protection given them by tho leaders of the re bellious Nationalists, who havo In vested tho city. Tho rebels aro Inceused bocause tho Russian flag was flown above tho barricade around the shah's palace, aud havo dotnandod explanations (Continued oa .)