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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Sept. 27, 1909)
m KKgnMfWMnfffOnmH0MKAtV!fim 1W Wt' ' "WHP nmimw iwij tiiw ?wire - iv, to r ."-. ' 1 '-. if , w l.V READ THE ADVERTISEMENT OF THE CAPITAL JOURNAL ON PAGE 9 OF TODAY'S ISSUE; READ IT CAREFULLY; SAVE A DOLLAR AND GET W)t flail VOL. XIX. FAILS LITIGATION LITIGATION IS DELAYED BY LAWYERS Two Remarkable Hop Cases in Which Successive Jury Verdicts Have Been Awarded. HIGH COURT BLAMED CASES THIRD OVEIt AND OVER BECAUSE THE LOWER COURTS FAILED TO GIVE JURY PROP ER INSTRUCTIONS OR FROM OTHER CAUSES IN APPEALS. The light tliat haB boon mado on tbo Oregon supremo court by a Port land paper, started In criticism of tba way tbo circuit court bas boon con tiiiiioiiiigiiif iint-fiiiiiiaiiitofili,i; I! Salem's jlMost Successful Store j I Is certainly doing the business, the greatest in our history. class merchandise sold at low nrices. If vou want to see the X make your Fall purchases t Dess Now on sale. Come to ou store and look through this mammoth stock. There is nci a cfecc usftnxm nr stylo in thp.sp. nnnris hut we have here to shew von. Alsn beautiful im. J I ported goods for evening and street wear. Just a look-through from any intelligent lady f n Is all we want and we are sure to get her dress goods and silk trade. We sell high-class I ! goods at low prices. I rine oiiks, yaru Fine Dress Goods, yard 5000 yards of Standard Outing Flauncls yard 4 cents CITY SURRENDERS KEYS TO IS NOT DELAYED BY HIGHER COURT BUT DY THE ducted In Multnomah county, but the way It Is kept MP Involves tho whole records ot tho supreme court for be ing an InduBtrlous working body. The question ot dolaycd litigation Is nUo rung In, nnd to show that litigation Is sometimes dolaycd by work in tho lower courts, Tho Capital Journal wishes to clto two cases that hnvo been tried over nnd over, nnd for tho delay In which tho supremo court Is not to "blame. Krobs vs. Llvcsley & Co. In 1904 theso parties entered Into n contract, undor which tho Krobs Hop Compnny agreed to soil to Lives ley & Company DOO.000 pounds of bops, to bo dollvcrod at tho rato of 100,000 pounds In tho years 1005, 100C, 1907, 190S and 1909, at 14 cents per pound. Tho hops wero de livered and accepted during 1905. tho first year, but In 100C, a dispute nroso botweon tho parties. Krobs Hop compnny, Into In tho spring of 190G. brought an action for 4000, duo ns advances under tho contract in the spring of that year. Tho caso was tried and judgment rondorcd for Krebs. Then Llvesloy appealed to tho supremo court, nnd that court, Bpoaklng through Judgo Bean, wrote an opinion nmrmlng tbo judgment of tho lower court. Then Llvosloy, in (Contlnuod on pago 4.) Greatest and;; from, come to the Chicago store, High-class, Tailor Made Suits, Coats and Mil linery Sold at Low Prices If you want values that surpass, goods that sur pass, and styles in cloaks, suits and millinery that surpass anything you can find in this part of the world, come to the Chicago Store. We have the proof right here. We are doing tho business, and that is proof enough that the people are wide awake to good styles and values, also the low prices. We buy right; we sell right, and we do the volume of business. That is the reason we can undersell our competitors. See these prices: Ladies' $8.00 Broadcloth Cloaks from. ..$3.90 up Ladies' $10.00 swell Suits from $10.50 up Ladies' All-Wool Sweaters from $1.90 up Ladies' Silk Petticoats from 1 S3.45 up Ladies' Trimmed Hats u $2.50, $3.50 up REMEMBER, THESE ARE THE NEWEST GOODS Mountains of all the latest and newest Goods and Silks cuu, zoc, aoc, jmc, Chicago Store Salem, Oregon THESTORE THAT SAVES YOU 1L l fflffl I 1 1 inpRinlnilniW 1 1 P SHiWliipfeS iOv; uj IM Ul Ul Ulllif S5E3-sa! R J U UIIUI U n Ts. P(Jr flT vflr'1 l-'P5vHpS?jTliKtp'v SALEM, OREGON, FALLS CITY AND SALEM BOOSTERS' EXCDRSION ON THE NEW RAILROAD Capital City People Cultivate Good Will on Line of Salem, Dallas Falls City and Western Barbecue and Speeches, Buggy Rides and Scenery, Banquet and Music Make Day Pass Quickly and One Long to Be Remembered. TWO HUNDRED BUSINESS MEN TAKE TRIP FALLS CITY GIVES VISITORS (IRANI) WELCOME AND PRESKNTS THEM THE CITY VISITORS SHOWN THE WONDERFUL PJIOIV UCT8 0FLUCKIAMUTE80IL THIRTY-TWO POTATOES IV O.VK HILL THAT WEIGHED 22 POUNDS CABBAGE AND IIURliARD SQUASH OF 23 POUNDS EACH, AND EVERYTHING ELSE ON THE SAME SCALE NOTHING SMALL ON THE LUCKIAMUTE. Tho first train on the Salem, Dal las ft Falls City railroad, with nearly 200 Salem boosters, pulled out tho West Salem station Saturday after- The people appreciate high-! : nreatest stock in Salem to !! the store tnat maKes me prices : : juu, too, oau, iou unu up 5 4oc, 4ac, obc, o9c and up x 1000 pair Blanket now on Mile MONEY 49c, 65c, 75c, 98c and up I MONDAY. SEPTEMBER, 27, 1000. noon on tho first Falls City excursion Tho train was In charge ot Louis A. Qorllngor, manager ot tho now roads. Tho Falls City commlttco, L. W. Zlrrln, Win, Kills and T. K. Hub bard, woro onjboard, and put the Fallo' Clt'y booster badgcon tho wholb delegation, Charley Cantor Is tho conductor of tbo Falls City and Salem train, nnd If ho proves ns popular as ho is good-looking ho will bo a money maker for tbo company. - Tho train was handled on scbodulo tlmo, and Is operated ovor a first class roadbed. Tho wholo ot Falls City was out to moot tho Salem orowd, and every body who had n cnrrlngo was roady to tako tho visitors for a drlvo to tho orchards and show thorn tho beauti ful falls of tho Lucklamuto nnd tho flno vlows from tho hills. A tho train entered tho "town thoro woro on all Bides tho indica tions that this wns n lumborlug place On the sidings wero long strings ot mrs loaded with liimbcr and logs. The bustnoss houses nro on tbo main stroots on each sldo of tho. river. Falls City has large planing mills. ' elect 11c light works, n bank, nil kinds of roitaurants and soft drink places, a mnmmoth skating rink, a 12-grnde high school, churchos and a full line I of mercantllo establishments. ! A largo number ot the Salem dol legation vlsltod tho Tooze department Zlstoro, whloh has four floors and can i outfit a bridal couplo or n logging camp, from basement to boltry. Ho also conducts a branch storo nt Black Rock, and does a largo business In both places. Dr. Ffandhofer has a flno rest donco, with parked grounds and a well-suplled hospital near tho city. Ho Is a leading man in the medical profession, and his son and daughter played violin duets at the booster meeting, showing skill that was n great surprise. Henry Ffandhofer Is a student at tbo Oregon Agricultural College, tak ing a course In engineering. Tb doctor was for many years noted as a surgeon, but -bis eyes have not been good enough Tbr the moro delicate operations, bnit he still has a largo gonoral practice. Displays of Products. Two llvo bunches of real estate men bad displays ot products on op posite sides of the street, and each tried to outdo the other In the mag nificence of exhibit. The result was a great deal of real boosting for tho wonderful productivity ot the soil of this valley. It the exhibits had all been brought together It would have made "almost a little county fair, and (Continued on page nine.) f xmmal THREE ARE SAVED DY LIFE-SAVING CREW Vonlco, Cnl., Sept. 27. To tbo llfo savlng crow of this bench, O, II. Mor gan, mnnngor pt tho Morgan Oyster company of Los Angeles, nnd two men who refused to toll their names, to day owo tholr lives. Tho trio was rescued from drowning in tho surf Into yestordny nfternoon by tho mem bors of tho crow. Tho rcscuo wns ac complished only after n thrilling ton minutes battlo with tho torrlflo un dertow. Tho two men whoso names nrti un known to tho Hfo-8avor8 attomptcd to Bavo Morgan when ho wns ovorpow erod by tho breakers, and in turn bo camo helpless. After n bard strugglo 'tho guards hauled tho mon Into tho Ufobont and started for tho beach. At tho breaker line, tho craft wns overturned nnd tbo sccno was ngntu onnctod. Tho thrco mon woro ro susajtntcd on tho beach and taken to noarby cottages. Hundreds of Sunday visitors wit nessed tho narrow escapes. UNCLE SAM WILL HELP KEEP THE DOOR OPEN Washington, Sept, 27. It is ro ported that tho government will soon tnko action toward maintaining tho opon floor In China which Is Bald Is seriously menaced by tho rocont ac tivities of Japan In tho Chlnoso do maJj. . "?' It Is understood that Japan, by tho terms of tho recent Japaneso-Chlna agrcomont, hns obtalnod control ot oxtenslvo mining concessions in tho southern section of tho groat prov inco of Manchuria for an indotor mlnati porlod. Thin out of lino with tho opon-door IiPllcy ns conBtnued by tho lato Sec retary Hny, following tho exchange ot notos between tho various powers In 1809, when tho several govorn montnl spheres ot iniuonco woro defined, THE MIODLE WEST HAS A SHAKE UP Earthquake Rattles Illinois, In diana and Kentucky, and Also Shows Good Old Missouri. Chicago, Sopt. 27. Illinois nnd adjacent states wero shaken early to day by a series of earthquakes, last ing from two seconds to a mlnuto, which badly frightened tho people, but, so far as reported, did no sori- out damage. The roost sovoro shock was Jolt in Indiana and Southern Illinois, whero many porsons rushed from their homes, terror-stricken by tho phenomenon. Dishes were shak en from shelves and sent crashing to the floor. Clocks toppled over, and In one district the temblor was strong enough to dislodge chimneys and add to tho confusion, Reports of the quakes vary. In some places the movement appears to have been from east to west, whllo in other sections tho reports say tho movement was distinctly from north to south. Tho Rev. J. L. MeGearty, profes sor of astronomy at Marquette Uni versity. Milwaukee expressed his be lief that tho quuko was In somo way connected with tbo great natural phenomena of Saturday and Sunday, whon the Aurora Dorealls filled the air with electricity, to such an ex tent that It prostrated telegraph wires and Interfered with ull wlro communication. A GOOD PAPER NO. SIR. SALEM ATTORNEYS PEARY IS OFSMALL CALIBER Refuses to Permit Whitney It Bring Things Cook Left in His Care Home on His Ship BENEATH CONTEMPT WHITNEY HAD TO CACIIK FUME AND INSTRUMENTS BEOAOHC PEARY REFUSED TO ALL8W THEM ON SHIPBOARD MAX DELAY COOK'S CLAIMS. Now York, Sept. 27. By mandor Robert B. Peary rofuslag to allow Harry. Whltnoy, tho bis w huntor, to bring Dr. Frederick A. Cooke's Instruments and data beck to civilisation, tho Brooklyn pbysMsK will bo delayed nt least a year ta confirming hts dlscovory of the Mrifc pplo. - -' M This, nt least, is tho nBsertlom be Ing mndo hero by prominent scien tists, who declare that It will be ms ossary. for Dr. Cook to produce bis fcv strumonts In order to substantiate his claim, Tho Brooklyn physician, howerv Is undismayed, and declards that Ok ship bringing bis two Eskimos to t&te conintry, to substanttnto hts claims, will stop nt Etnh nnd bring Mi In struments. Tho scientists nro skeptical aot tho ship reaching Its destination be fore tho Arctic winter nets In, an, accordingly, bellovo bellovo It will bo nt loant n year boforo Cook will be In a position to lay his proofs before authorities. Dr. Cook announced today that the things Whltnoy wob forced to Icate bohlnd woro n sextant, horizon find er and tbo flng thnt ho flow at tao polo. Ho nlsr doclarod that, while tho stuff cnchoil nt Etnh was unncc essnry to prov his clnlm, ho wanted! to bring bnck tho Instruments te quiet all of hla critics. Tho Instruments nro packed Ik wntorproot material, and will not be damaged. Tho messago from Whltnoy. whe aboard tbo Joanlo In Rattle Harbor, was ns follews: "Started for homo on the Itoos volt. Nothing hns arrived for me. Peary would allow nothing bEdes Ing to you on board. Compelled to lonvo everything la cache. Met Cap tain Rartloss, ot Jcanio, at Nettfc Star. Did not go back after gules aboard schooner going 8t Jebec. thon take steamer homo, Hope yaie well, seo you soon, explain all. Geet shooting, WHITNEY." DEATH LIST GROWING New Orleans, Sept. 27. A rallrse wrecking crow arrived today frees Dunbar and reported thnt they faa4 thirty dead bodies along the rlght-ef- way of tho Louisiana & Nashville rail road and that tho havoc wrought by tho lust week's storm Is beyond des cription. Father Richard, pastor of a Catho lic church, reached this city frest: Houma and declares thnt hundreds of bodies aro still In tho marshes. " Father Rlohard said ho bolIeve that not less than 250 an probably moroUinn 300 porsons lost their lives in Torro lion no parish. He said that 225 aro known to bo dead in that parish and that 700 are missing. nnnimnniinisinmitnitniiniwriTwwiiiTTimnivwi 1