Daily capital journal., March 13, 1911, Page PAGE SIX, Image 6

riGE srx.
DAILY CAPITAL JOCRXAL, SALEM, OREGON', MONDAY, MARCH 1 1911.
A FINE PLAY
AT
TONIGHT
"THE MAN OX THE BOZ," A COM
EDY FILL OK LIVE SITUATIONS
AD ItrBBLIXO OVER WITH
1TX AI) LAUGHTER.
Genulno and wholesome comedy
such as has been seldom offered
since the days of the Augustln Daly
companies will be the vogue at the
Grand on March 13, when the most
conspicuous comedy success of the
last 20 years In New York City, "The
Man on the Box" dramatized by
Grace Livingston Furnlss from Har
old McGrath'B successful book of the
same name will be presented.
The story of the play is founded on
a Joke and Is full of genuine comedy
and heart interest. It relates that
Lieutenant Worburton has seen a
young lady on the steamer while re
turning from Europe, who has won
his heart, but to whom he was una
ble to be Introduced. At home in
Washington his sister urges him to
accompany her to the embassy ball,
but he declines. He conceives the
Idea for a practical Joke on his sis
ter, and arranges with the family
coachman to take his place on the re
turn from the function with in the
Intention of driving at a reckless
speed, making his sister believe that
the horses are running away and then
Anally stopping them and lifting his
sister out of the carriage and while
In the coachman's livery Implanting
a hearty kiss upon her cheek. He
carries out the program until the
carriage calls are made, when he
forgets the proper number and de
livers the kiss aa he had planned, be
fore he realizes the mistake. The
consequence Is a police cell for the
night, with the charges of reckless
driving and abduction to face In
the morning. With this foundations
capital comedy has been written that
Is worth going miles to see."
Prices, 50c, 75c, $1.00 and $1.50.
A DECISION OF
IMPORTANCE
(Continued nam page three.
Board, and thereafter through H, has
contemplated the reclamation of des
ert public lands under the Carey Act
and the appropriation of the burvlus
waters of the stream for that pur
pose. Plaintiffs construction of the wa
ter code and the duties of the state
engineer would place it In the power
of any person or corporation, by an
application for a permit, to anticipate
the action of the desert land board
and forestall its consummation of
any agreemont for reclamation of
dosort public lands except upon such
terras as such applicant might dlc
tnto, the possibility of which is pre
vented by the language of Sec. 47 of
the water code, viz.: "It shall be the
duty of the board to enter an order
directing the refusal of such applica
tion If, after full hearing, the public
Interest demands It." Under the
Carey Act desert public land can only
be reclaimed through the state. When
reclaimed the title passes to the
state and by the state to the Battler.
Therefore, plaintiffs In this enso, at
the time of the application for a per
mit, had no right to reclaim the
dosert public land described In their"
application until some agreement
should be consummated with the
state for that purpose und they had
no beneficial use to which tho water
could be applied by them. These
facts were ail within the knowledge
of tho state engineer and the board
of control and they wore Justified in
acting upon such Information in de
termining whether a permit would be
a menace to the public welfare and
this Is the reason given by the board
GRAND OPERA HOUSE
JOHN F. CORDRAY, Mgr.
II. K. Pierce & Company offer
-MR. (U S ARTHUR
In
The Man
on the Box
The Comedy that everyone has been
waiting to see.
You have read the book; now see the
play.
The Record of "The Man on the Hoi"
200 nights in New York; 187 nights
In Chicago; 100 nights In Boston; 75
nights In Philadelphia; CO nights in
Baa Francisco.
Prices COo 75c, $1.00 and $1.60.
Carriages 10:40 p. m.
for directing the refusal of the ap
plication. Certainly public Interest demands
that a permit to Impound or control
the waters of Powder river In con
troversy here should only be granted
to such person or corporation as un
der contract with the state will carry
out Its plans to reclaim this desert
land, and It Is the duty of the state
engineer and board of control to act
with the Desert Land Board for the
accomplishment of this purpose. Al
though plaintiffs may have In view
the furnishing of water for irrigation
of private lands or the creation of
power, assuming, without deciding,
that the application states facts suf
ficient for either purpose, yet the
much greater Interest Involved Is the
reclamation of the desert public
lands and the evident purpose of the
plaintiff was to place itself In posi
tion to compel the state to contract
with It for such reclamation. It is
within the province of the Board of
Control to see that both public and
private lands are reclaimed, rather
than only the latter. The reclama
tion of desert lands is subject to con
tract with the state, and it should
have the right and opportunity to se
lect the person with whom it shall
contract, as well as a voice in deter
mining the torms of the contract, and
if there Is any possibility of reclam
ation of these lands It Is necessary
that the granting of a reservoir per
mit be delayed until ' the state has
made some agreement with the ap
plicant, otherwise the state will be
without power to secure proper con
tracts; and these are some of the
matters that the statute contemplates
may be considered by the engineer
and Board of Control in determining
whether the permit would be a men
ace to the public welfare.
The reclamation of the desert pub
lic lands is a public enterprise and
Is under the control and direction of
the state, and the applicant for a
permit to appropriate or Impound wa
ter for the reclamation thereof Is to
some extent the agent of the state,
and has right to exercise the power
of eminent domain and by statute is
to have a Hen upon the lands for the
ropayment of the amount of his ex
penditures and interest. Therefore.
the private interests of tho applicant
ror a permit must be subordinate to
the public interest contemplated by
the statute.
At the argument, and the brieta,
much stress was laid by plaintiffs
ujion the use of the conjunction
"and," in Section 47 of the water
code, In the clause "menace to the
snfety and welfare of the public."
But the next sentence which author
izes the Hoard of Control to direct
the refusal of applications "if the
public Interest demands," indicates
that it was intended by tho previous
clause that a menace to either safety
or welfare would be sufficient ground
to refuse the application. The use of
the disjunction conjunction was evi
dently Intended, and in construing
the statute we are authorized to so
treat It where It Is noccssary to carry
out the intent of the statute: II
Lewis Sutherlin, Stat. Const. (J ed.)
Sec. 397; Ransom v. Rutherford
County, 130 S. W. 1057, 1062 (Tenn.) ;
People ex rel v. Rice, 138 N. Y. 151.
Tho Judgment of the lower court
will be reversed and the cause re
manded to the lower court with di
rections to dismiss the writ.
Get It at Dr. Stone's Drug Store
Notice of Intention to Establish the
Grade of Mill Street from the On.
tr Line of High Street to the Cen
ter Lino of Commercial Street.
Notice Is heeuy given that the
common council of the city of Salem,
Oregon deems It expedient and pro
poses to establish the grade of Mill
street from the center line of High
street to the center line of Commer
cial street, within the limits of said
city, according to the provisions of a
certain ordinance entitled "An ordi
nance establishing the grade of Mill
street from the centor line of High
street to the center line of Commer
cial Btreot." Said ordinance was In
troduced In the common council of
the city of Salem on the 2th day of
February, 1911, and was read tho
first and second times at said meet
ing and referred to the committee
on streets, and said ordinance Is now
on file In the office of the recorder of
the city of Salem on the 27th day of
nance is hereby referred to for a
more speclflo and dotalled descrip
tion of said grade, and is hereby
made a part of this notice.
This notice la published for 10 dmys
pursuant to the order of the common
council of said city, and the date of
the first publication thereof Is the
28th of February, 1911. Remon
strances may be filed against the es
tablishment of said grade within 10
days from the last publication of this
notice, and in the manner provided
by the city charter.
CHA3. F. ELGIN.
2-28-1 St City Recorder.
o
Wants Mils for oHnds.
The city of Wllamlua Is calling for
bids on $15,000 10 and SO-yoar op
tional 6 pw cent bonds, bearing dates
of March 1. 1910, interest payable
semi-annually. Bids to be opened
April 10. 1911. For further lnfor
matlon write F. B. Sherwln. city re
corder. F. E. SHERWIN.
Recorder tor City Wtllanilna.
5-7-1 mo
STATE NEWS,
C. J. Ferguson and F. G. Adams,
who were confined in the Roseburg
Jail, charged with burglary, sawed
the bars of the window Friday night,
and fled, preferring the struggle for
existence outside, to the hospitality
of Douglas county.
The grangers of Douglas county
had a big gathering at Roseburg Sat
urday to discuss matters of Interest
to the grange in general.
Medford cluster lights were In
use for the first time Friday night,
and are highly praised by the local
papers.
Streams are high in Baker county,
due to melting snows, and many
bridges have been washed out.
O. A. C. co-eds have donned bloom
ers and have taken to ensss-country
runs for fun and health. Corvallls
likes it, and turns out numerously to
see the sprints.
Captain J. J. Reynolds, of Port
land, has leased the Sengstacken
cannery at Marshfield, has remodeled
It and will tin can the lordly Chinook.
A compaoy will sooo begin open
ing the coal mines at Coquille, known
as the Pike properties.
A big company is leasing a large
area of oil lands near Ontario, and
will at once begin work of develop
ment, y
The Oregon wixl growers will hold
a convention at Baker March 15.
Canby wants a ferry across the
Willamette for the sole purpose of
permitting the potato growers of that
neighborhood to market their crops.
There 'will be 8000 acres planted to
Burbanks this year.
The Port of Portland commission
refuses to retire, claiming the law
under which Governor West appoint
ed their successors is unconstitution
al. Miss Emily Marlln, of The Dalles,
a pioneer of 1845, and 81 years old,
died at that city Wednesday Inst.
St. Johns lg progressive. By a vote
of 436 to 16 it ordered the purchase
of farry landings at a special elec
tion Saturday.
The O. W. R. Co. will commence
wiork on the Echo-Coyote cutoff in
June. It will shorten the road eight
miles, take out heavy grades and
curves and cost $1,000,000.
A.bold sneak ief entered the bed
room of Mayor Matlock, of Eugene,
Friday night, while the mayor slum
bered and swiped his gold watch,
which he sold to a second-hand deal
er. E. L. Klemmer, of Minneapolis,
who arrived in Eugene recently, has
purchased 400 acres of land near
that city, and is setting It all out to
orchard. It will be the largest or
chard in Lane county.
Rodney Scott, 69, pioneer of
1847, died at Eugene of heart failure
Friday night.
Eugene had a small fire of Incen
diary origin Friday night.
The price cf farm products has ad
vanced in Portland 31.4 per cent in
eight years, according to Portland
statisticians.
Floods in the mountains have done
considerable dnmnge to tho Corvallls
& Eastern railroad1.
Linn county teachers will have a
big meeting at Lebanon Friday and
Saturday.
The Curtlse air fleet Is planning to
have a big fly in Portland next week.
SAGE FOR DARKENING THE
HAIR. v
There Is nothing new about the Idea ot
using nago for realoriux.llie color of the
hair. Our Kreat-KrainliiiotUcrs kept their
locks soft, durlt and glossy by using a
"suite tea." Whenever their hnir fell out
or took on a dull, faded or streaked ap
pearance, they muile a brew of sane
leaves nnd applied it to their hair with
wonderfully beneficial effect. Nowadays
we dou't have to resort to- the old-time,
tiresome method of gathering tho herbs
and making tlio brew. This is done by
fkillful chemists better than w;. could do
It ourselves, and all we have to do Is to
call for the reachmade product. Wyeth's
Suko and Sivlphur, containing saee in the
proiier strength, with tho addition of
Sulphur, another old-time scalp remedy.
This preparation is sold by all first-class
driiKffists for 50e. and $1.00 a bottle, or
Is sent direct by the Wyeth Chemical
Company, 74 Cortlandt St., New'or
City, upon receipt of pric.
J. V. l'KKKY.
headache
"My father has betn a sufferer frornsick
headache for the last twenty-five years and'
never found any relief until be began
taking your Cascareto. Since ha has
beRiin taking Cascarets h has never had
the headache. They haw entirely cured
him. Cascareta Hn what vrn MMmm.nJ
them to do. I will give you the privilegSl
vi usuiK iiis name. - ft. M. Lhckaoo,
iiio Resiner St., V. Indianapolis, Ind.,
Ploaiant, PaUtabh. Potent, Tat Good.
o liiHHt. Never Sicken. Woakro or Grip.
10c.ISc.50o. Never sold in bulk. The Ken
nine tablet stamped CC C. Guaranteed to
cure or your mooer btck. RS
- ..
I Salem Fence Works I
Headquarters for Woven Wlr.
Fencing, Hop Wire, Barb
Wire, Poultry Netting, Shin
gles, Malthoid Roofing, P. .
B. and Ready Roofing. All at
the lowest prices.
i CHAS. D. MULLIGAN
I 150 Court street Phons 114 i
NOTHING DONE ON
WATER PAYMENTS
be ft
BOARD DlSry RATTER BUT IP'
A JTPONED. J
p.
ON SUGG
LESPIE
r. e t Xn
riMIIlK uniT V S Vn
Committioner.
Water Secret
Two Read;
tine'
100,000 cf tli church" shars ha
been rledited.
In making the propEjf
sain he would make th
understanding- that no J"'
lefused admission to th
any time and that one-tii
in
ymmhmm
NIGHT AT
HE COLUMBIAN CLUE
ned and Other Artitts t
First of Series of
bar Concerts.
n rlnh tonluht. Wal
other 10
e first o
the re
"Clvv me the mo
the situation back
thirty days, or be
people that It can
Finance Commission
day afternoon, durln
and exhaustive dl
Ing wai?r condlt
the d
"Vf'tru
yet be
to the
from
ter.
Coi
were
lluvei
They saiUTiTa'
ly explained
would be few
bills would h
Coininisclo
exactly
chaiun shou
and the business district,' wTaw-wtfTjJ
has been delivered through services as
usual, but was In some doubt as to a
proper charge for the residence sec-
moet
. yen on th
h. Ther
Is. WW
jX Ashen
ln e to be
Vi Vid th
" 1 ren(t
it i
to
rT di
A
Sis ful
j67"trrtft they (
i and that
ptly. V
didn't t,
i to -
tlons,
by w
MiV .JS'a All J
rema. A
the titSora
liveries have been mJJe
atement.
atement followed a
he commissioners to
verything that could
he done in the water doDartment was
vAND FLO
C WARE-
V
Tre In
i jor-'
"
ienl
of it es
afternoon
,e -Texas Sei
storage war
ri- - s
ap8pj jrufll into the -sub-
Frii I were In the bulldli
caped injury Their escape
as marvelous.
J. H. Cullimore, the foreman, wft
was in tho bujldlng, said that his es
cape and that of the three other work
men seemed providential. They wen
working near the south wall on th
ground floor and were saved from In
jury by the big timbers of tr flno
above them pressing, against the soutl
wall, thus leaving a: space between th
SVNortilS t.- ...IS ANMAl. STA i i-Ut.V T l:f IMS
Law, Unicn and Rock Insurance Co., Ltd.
Of Lonrtoo, Ee-.:lnii(l. on tte :"st day of Pei-emlier, 1)10. imi.le to the Insurance
Commissioner of the Siuie of O.-euu, pursuant to law:
CAPITAL.
Amount of capilul paid up, statutory deposit : S 236,000.00
' INCOME.
Premiums received during the year lu cusli $ 421,2115 ")
Interest, dividends and rents received during the year LM,l4!i.)
income from other sources received during- the year H.ltlli.jU
Total Income I 400,028.33
DISBURSEMKSTS.
Losses paid during the yenr lM.4W).rS
Commissions anil salaries paid during the year 11.2S.
Taxes, licenses and fees paid during the year 11702.17
Auiouut of all other expenditures 8S.1W.40
Total expenditures I 435,K06.M
ASSETS.
'olue of stocks nnd bonds owned $ CS2.01..10
."ash In bank and on hand 17,i:."2
Premiums In course of collection and transmission 82.WS.SO
Interest and rents due and ucerued 4.u7i4 &4
Total assets $ 7S7.141.03
Total assets admitted In Oregon $ 703.S18.93
UAllll.lTIES.
Iross claims for losses unpaid I 43.0.13.03
tmnnnt of unearned premiums ou all outstanding
risks 3!W:lO.Y HO
til other liabilities H.MS.OI
Total liabilities, except capital t 4in,50fl.6l
Total Insurance In force December 31, 1910 f JO 1)11,603.00
BUSINESS IN OHEtiON FOIl THE YEA P..
Total risks written during the year f 1,301.810.00
(Irons prem.ums received during the yeur 20.022 ,111
t'nmluins returned during the year 3,153.81
Losses paid during the year H.184.4S
Losses Incurred during the year 7,443 4S
Total amount of risks outstanding In Oregon December 31. 1U(... 1.313,150.00
Law, Union and Rock Insurance Co., Ltd.
By IIARHY II. MACK, l'nel.'lc Const Miinn.c;-.
Statutory Resident Oeneral Aue i ned Attorney for S-.-v'.ic. Willlum Wardle.
219 Coruett Unlliilng. IV -'.in.l. o ,m.
SYNOPSIS OF THS ANNUAL STATEMENT OF THE
WESTCHESTER FIRE INSURANCE CO.
sit New York, In the State of New York, on the 31st day of December, 1910.
made .to the Insurance Commissioner of the Htnte
of Oregon, pursuant to law:
CAPITAL.
Amount of capital paid up 1 300 000 Ot
INCOME. '
Premiums received during the year In cash $ 2,RS1.762.06
Interest, dividends and rents received during the yenr 17d.Nt)l.ll
lucome from other sources received during the year 4.U31.11
Total income
DISBURSEMENTS.
. Losses paid during the year $ 1,3.4.082.03
Dividends paid during the year on capital stock.... 120.000 is)
Commissions and salaries paid during the year 8111,252 tW
Taxes. Ili-enaes and fees paid durlug the year 7431057
Amount of all other expenditures 441 .la.Si
Total expenditures
ASSETS.
Value of real estate owned
f 2,709,083.18
S 2,530,071.43
n mm r.-.
Value of stocks nnd bonds owned 3 Sl.i :t '"i imi
Loans on mortgages nnd collateral, etc HIS. 1,'si.tiO
' Ciisli In banks and on hand iti'itir.',,.
, rrriiiiuiiis in course or collection untt in transmission
Interest and rents due and accrued
3.15.405.70
8.1:i5.!10
Totnl assets M.470.2.XSHO
, Less special deposits In any stnte (If nny there be). 3.i.ci-,-,.,io
S 4,434 296.09
6o.iy.io.oo
S 1737,
?4tll.3Su,
. Total assets admitted In Oreiron
LIABILITIES.
dross claims for losses unpaid $ 247 76150
Amount of unearned premiums on all outHtiindliiir
1 rlH 2 4") S7() 63
- Due for commission and brokerage
.. ah oiuer iinotiines
Total liabilities
. Total Insurance In force December 31. 101(1
- n-.... ..... ...Br?,N,KSS 'N m::oN Vou'the yeau
...... 1 imksj vtntifrii uurui (lilt J'Ur 1 ,.n
OrOeVI nrtMlllllin rtWiV. illtrln tT.u
l'rtMiilmiifl rtturntMl riurtnjr the year
KorKpi Inrurr! during the ywr. ... . V. ,!".. r
Total Amount of risk ouNtamltnf In Orton. ilmmher'iii' 'ifWiV " i no!!
WESTCHESTER FIRE INSURANCE CO
By CEOUHB R. CHASKOUn
Statutory Hesldent General Agent and Attorney for Service. Edward
(M1.21
001.00
324.00
SAO. 75
621.87
007.52
XS5.38 .
236.00
Hall.
,4 T Ue. this tamendous alcohol
U XUUIU 11 question to your doctor. The dan-
alone.
, in. uiur
Car K Inn firon 4V J. 1
C3 -vr 6.vi, iui juu iu ueciue
.njci a oiuauijaiuia 15 a ionic, entirely free from
alcohol. Take it or not, as your doctor directs.
J. O. ArrrOo.,
L"-tl. M,
Salem's most poular
taura'nt .
res-
THE WHITE HOUSE
We cater to the public who
demand a good meal for a
small price,
Wm. McGilchrist & Sons.
Gold Dust Rour
sl by the SYDNEY POWER
Mde ttt Fmmll ce. -
Ak roar pwer for It.
ui Uhorta aJwajs o
P.B. WALLACE, Agt.
t ttt tt 1 1 1 1 itr
I Choice Building
Lots
at
argain Prices.
We have Eight fine lots on "D" Street, three
blocks from Capital Boulevard and only two
blocks from street car and about seven blocks
from Englewood School. The Lota are large, and
the soil is rich black garden soil. Prices range
from $300 to $500 payable $100 down, balance
on installments to suit the individual purchaser.
These are beautiful Lots, nicely located, and
slope gently to the south giving the Lots a
nice natural drainage, and will undoubtedly be
quick sellers. Phone 347 and we will call with
our auto and show the property at any time.
If you are looking for Real Estate of any
kind or description, don't fail to see us for we
may have just what you want.
H.A.Johnson&Co.
388 State Street,
Salem, Oregon,
HMMMMMtM M M M M M t M M )uf
Portland's Popular Fire-Proof
Hotel
THE OREGON
The House of Comfort Combined
With Elegance
Our Rathskeller Grill finest dining service in
city, with Hawaiian orchestra from 6 to 12
p, m, j
Most perfectly furnished, moderate priced,
modern hostelry in tha metropolis of the
Northwest
WRIGHT & DICKINSON HOTEL CO.
Owners and Managers.
Also Operating Seattle Hotel, Seattle.
The Bosom Sets Flat
r
The stud button holes exactly meet, the neck band does not
bind on your neck; button holes exactly meet buttons, no
u.6"b iront, in ract a perfect fit If we launder your
shirts. It Is done with our new STEAM PRESSES, which I
uo noi .Tin or burn the fibre, but MOULD the cuffs, neck
band and bosom to a PERFECT SHAPE. Try the new
work. Viaiiors welcome.
Salem Steam Laundry
ith T.lhprtv C, ,
136-16A South Liberty street
Phone 2
Ly a Journal Want "Ad" for Results
t" M MHfl
LOW ONE-WAY FARES
To
Oregon Electric Ry. Points
Daily March lOth to April 10th
Chicago.
Clnclnnattl. . .,
Milwaukee. . ..
St. Louis
New York
St Paul
Kansas City
. . .133.00
... S7.90
... SUO
... 82.00
... 60.00
...$25.00
25.00
Omaha
Des Moines .......
Indianapolis
Baltimore, Md. ...
Boston, Mass ,
Charleston, S. C...
New Haven, Conn.
, Portland, Me.
23.00
49.7S
50.15
si.;;
49.S5
52.15
i roniana. Me
i to points on Oregon Trunk same as to destinations' on a P. &
f From nthar nnlnfc i ..
T ""- u proportion.
t n ,lylT.'r'enda ,n the eas of this opportunity of moving west
t Northern pL a "v 1 Cket Vla BurlIgt" Route. Great Northern.
I will give details on request.
C. E. ALBI.V,
W. P. COMAN AgeDt 0regon EIectrlc to1'
Oenl Freight & Pasa Agt.