ruin SIX
04HJT CAPITAL JOURNAL, SALEM, OREGON THURSDAY-, APRIL 27, 1911.
ALCOHOL 3 SIR CENT
AVegelablelVcpanfionforAs
similal Ing the FoodamlRfgula
tuig Uie Siooodis asdBawetsi
Promotes DteestionflwrRi
ness and RestXontalns neto
Opium.Norphine nor Mineral
NOT NARCOTIC.
faUltUtx-
Ctmfrl Suqrr
-HO.
Aperfect Remedy forConsfl)
Hon , Sour Stomach.Dlarrtwi;
Worms JConvulsfflnsjeverisa
ness and Loss or Sleep.
lacSin Sijnararf of
NEW YORK.
Exact Copy of Wrapper,
s
ure to please
wholesome
A
Iways an
and delightful drink,
L
ends strength to
wearied physique,
ffects a soothing cure for the
nervous ills of life,
E
M
akes life more pleasant and
cheers the heavy heart,
B
tings good fellowship to all
who partake in moderation.
E
E
nlivens the spirit
cast and disheartened,
ndows existence
and aspirations
R
estores man
strength and
!! ROSTEIN & GREENBAUM I
" v.
!: Dry-Goods, Shoes, Millinery i;
Maple Bargains
t Ladies' Seeveless Vests, good
Ladies' Sleeveless Vests,
extra large sizes
Ladies' Wing Sleeve Vests
.Ladies' Knee Length
Drawers
Children's sleeveless vests
9 1-4 Bleached Sheeting .25c a yard
Apron Check Gingham 6 1-2 a yard
Dress Linen 15c a yard
Imit Rajah Silks 23c a yard
SHOES!
Children's Shoes 75c
Children's Shoes ..$1,00
Children's Shoes ..$1,25
All Good Leather
Lades' $3,50 Oxfords
$2 pair .
Millinery Popular Prices
All up-to-date good quality, nice trimmed hats, shapes,
flowers, foliage, ornaments Children's straw hats,
special expert trimmers,
ROSTEIN &
240 and 246 Commercial Street.
1
ma
For Infanta and Children.
The Kind You Have
Always Bought
Bears the
Signature
of
Use
For Over
Thirty Years
the lovers of a
beverage,
invigorating, pure
the weak and
of the down
with hopes
'to fulness of
activity.
quality at 10c each,
R & G Corsets, Imit J
Chamois Gloves and Silk
Gloves
Long Silk Gloves 59c
Ladies' White Waists 50c l
Men's $4 Oxfords, $2 pr
Men's $3,50 patent shoes
$1,75 pair
Odds and ends at half
price GREENBAUM
pflCnrii
UHOlU
ZAP
LW
ft W In
TMI OIKTUH OHMRY. MW OITT.
PASCO WILL
PAVE WITH
BITULITHIC
PLAN'S ADOPTED THAT WILL XE.
CESS1TATE CONSIDERABLE AC.
TIVITY IX STREET IMPROVE
MEXT WORK THIS YEAR.
Pasco,' April 27. (Special). Pas
co stands for progress. Last night
fhe council awarded contracts that
proTide for the Immediate paving and
Improvement of the. main streets of
the city.
For some months the council com
mittee has been busy with trips of In
vestigation to various cities of the
Pacific Northwest for the purpose of
determining the most desirable kind
of paving for use In this climate.
Their report covered wide experien
ces by various cities, with concrete,
asphalt, Hassam, ' Westrumite, bitu
Ilthic, brick and wood blocks. The
QOmmittee reported unanimously in
favor of bitullthic. Bids were re
ceived from companies representing
most of the pavements above named.
Prices varied considerably, a number
being offered for less per square yard
than bltulithlc, but, in view of the fa
vorable reports in the towns where
this form of pavement has been test
ed for a long period of years. It was
considered that bitullthic Is unques
tionably the cheapest In the long
run.
o
UNIVERSITY
LAW CLASS
HAS BANQUET
The members of the senior class of
the law department of the Willam
ette university sat down to a sumpt
ous banquet at the Hotel Marion last
evening. Besides the members of the
class, there was present Charles L.
McNary, of 'he law Arm of McNary
& McNary, and, dean of the school,
and after the banquet and the tables
had been cleared the embryo lawyers
turned their attention to speech
making. Sidney Graham, clerk of the circuit
court, acted as toastmaster, and in
troduced the first speaker of the ev
ening, Mr. McNary's talk was in the
way of a bunch of wholesome advice
to the young lawyers relative to the
practice of law. He impressed upon
j them the fact that the law business
! at the beginning was trying and slow,
j and that they must not allow them
j selves at the outstart to become dis
i couraged.
Thw other speakers of the even
ing and the subjects were as fol
lows: Frank Bly, "Litle Things;"
John Nyss, 'Success;" L. P. Pierce,
"Modesty;" W. Chamberlain, 'Fail
ure;" U. L. Lloyd, "Lawyers." Mr.
McMeachln, '"Ihe Ladies;" Mrs. Don
ald Upjohn, "The Men; Mr. Eakln,
j "The Dean." Mr. Llewellyn, "Fellow
j ship;" Mr. Schaupp, "The Begln
Jnlng;" and H. Chamberlain, "The
Future.'
-o
OREfiOX COMMISSIONERS
GET GOOD COMMITTEES
When the National Association of
Railroad Commissioners recently
made Its committee awardmonts each
of the railroad commissioners of this
Btate! were recognized by committee
appointments.
Commissioner Campbell has been
appointed on the committee of
grades and crossings and car service
and demurrage. Commissioner Mil
ler on the committee on express
rates and Commissioner Altchison
was given the chairmanship of the
committee on an amendment to an
act to regulate commerce and has al
so been given a place on taxes to
ascertain fair valuations of railroad
property and one on delays attend
ant upon enforcing orders.
CIIEM.1WA SCALPED
THE W1LLAMETTES
The Chemawa Indians succeeded in
taking the scalps of the university
baseball team with a vengeance yes.
terday nflornoon. The game was rot
ten from the first inning, when the
Methodists ran in four runs on er
rors. The second Inning Chemawa
made five runs, and Inter piled up
six more scores, Willamette only get
ting one, which made the final snore
1 1 to f,.' Every man on tho 'varsity
ton fa was chalked up with om? or
mow errors. It was a decidedly off
day for the Methodists and their su
periority over the Indians will assert
Itself next Tuesday, when the Wll
lamettea will play them on tho Che
mawa grounds.
The day being cloudy aiid windy,
made it bad for both teams, and such
nn exhibition of errors will not be re
peated by the local team this sea
son. Ctilldrn Cry
FOR FLETCHER'S
CASTOR I A
Get It at Dr. Ktone'a Drug Store
A Reliable Remerjjr
FOR
CATARRH
Ely's Cream Balm
l aukklr ttMffetd.
diet Rthel it One.
It cleanses, soothes,
heal ami protects
the diseased mem-
brans resulting from Catarrh and drive
away a Cold in the Head quickly. Restores
the Senses of Taste and SinelL Full size
50 eta. at Druggists or by mail. Liquid
Cream Balm for une in atomizers 75 cts.
Ely Brothers. 66 Yarrn Street. New York.
SUPREME UOl'KT DECISIONS.
(Continued from Page 2.)
has been the custom for said period
of over 30 years."
The affirmative answers were tra
versed in material particulars by the
reply and from a decree dismissing
the suit the plaintiffs appeal.
Burnett J.: The defendants avow
that they are constantly making use
of the premises in question as a
landing place and that they will con
tinue to do o. At the hearing they
offered no proof of ther alleged li
cense to operate a ferry at that
point. The Attempt to claim under
a prescriptive right existing In the
public Is futile, for the public cannot
so acquire a right to use private
property bordering on navigable wa
ter as a public landing to receive
and discharge passengers and
freight. Pearsall v. Post, 22 Wend.
425; Thomas v. Ford, 63 Md. 346;
Talbot v. Grace, 30 Ind. 389.
To prevail, on such a title the de
fendants must prescribe In their own
right and that of their predecessors.
In other words, they must plead and
prove title by adverse possession.
To this there are five essential ele
ments necessary: First, the posses
sion must be hostile and under a
claim of right; second, it must be
actual; third, it must be open and
notorious; fourth, it must be exclu
sive; and, fifth, it must be continu
ous. 1 A. & E. Enc. L. (2d Ed) 795;
Jasperson v. Scharinkow, 150 Fed.
571, 80 C. C. A. 373, 15 L. R. A. (N.
S.) 1178 and notes; McNearv. Guis
tln, 50 Or. 377, 92 Pac. 1075; Talbot
v. Cook, 112 Pac. 709.
The testimony shows that these
landings are made upon plaintiffs'
premises during the several months
of high water on the Columbia River
and that they have been more or less
interrupted, sometimes by fences
and some times by the stage of the
water. There Is no showing that
this use of the bank has been other
wise than by acquiescence or per
mission of the land owner, constitut
ing a mere revocable license. These
essential elements of adverse pos
session are wholly lacking in the
proof. It is claimed also by the de
fendants that there is a public way
which has been In use for more than
20 years adjacent to the slough from
which the landings in question are
made and that they are exercising a
right to land upon the public high
way which they are entitled to enjoy
without hindrance from the plaintiffs.
But the testimony shows that this
road is merely adjacent to the slough
and at all points there Is a narrow
strip of land between the ground
actually occupied by travel and the
bank of the slough upon which the
boats land. Hence parties leaving
the boats at those points in going to
the road would necessarily cross the
small part of plaintiffs' land and
-
FAIR GROUND
Feed and Seed Store
Valley Flour, per sack
$1.00,
Hard Wheat Flour, $1,25
Best Suear Cured Govern
ment inspected hams, j
fine goods, per pound, 1
16c, ,
The very best thin Break- i
fast Sugar Cured Ba- X
con, per pound, 20c, t
5 pounds best White
Beans i25c.
6 pounds Whole Grain
Japan Rice, 25c,
Try a sack of our High
land Flour at $1,25,
10 pounds Best Nebraska
Corn Meal, 25c,
Remember the Place.
Free Delivery
R. N. MORRIS
Phone 1497
Salem Fence Works I
neaaquaners ror woven wire
Fencing, Hop Wire, Barb
Wire, Poultry Netting. Shln-
t sr'es. Malthoid Roofing, P. ft.
B. and Ready Roofing. Screen
Doors and Adjustable Window
Screens. All at the lowest
prices.
CIIAS. D. MULLIGAN
ISO Court itreet. Phone 114
hence be guilty of at least a techni
cal trespass.
The principal question In the case
la whether Injunction will lie to pre
vent continued trespass. Originally
the rule was that Injunction would
not He In the first Instance prior to
a judgment at law to prevent tres
pass unless the threatened Injury
was such as would cause permanent
and Irreparable injury to the free
hold, such as removing ores from
mines br cutting down choice shrub
bery, or destroying dwelling houses
or the like, or In the further Instance
that the defendant was insolvent
Smith v. Gardner, 12 Or. 221; Men
denhall v. ' Harrisburg W. P. Co., 27
Or. 38; Garrett v. Bishop, 27 Or. 349;.
Moore v. Holliday, 43 Or. 243. But
later authorities establish the doc
trine that where the trespass is con
tinued, made up of successive acts,
each comparatively unimportant in
Itself, and the threat and intention to
continue is manifest, equity wll en
join the same for the reason that
each separate trespass forms a sep-i
arate pause of action and it would
be idle to require the plaintiff to
bring a distinct action for each one
of the samll trespasses. It would
be a waste of time and serve no good
purpose for the plaintiffs to bring an
action at law for every different
landing made by the defendants upon
their land without authority. The ac
tual damage accruing from each
landing would be comparatively in
significant and to try out each In
stance in an action at law would lead
to a multitude of actions, the princi
ples of which could be determined in
one suit In equity. In this case the
plaintiffs claim no damaegs but only
seek to prevent the continuation of
the trespasses of which they com
plain. The authorities are numerous
that equity will entertain their bill
for that purpose, especially when
persistent invasion of plaintiffs'
premises would eventually work out
the establishment of an easement in
favor of the defendants. Shaffer v.
Stull, 32 Neb. 94; Poirler v. Fetter
20 Kas. 47; Murphy v. Lincoln, 63
Vt. 278; Amsterdam Knitting Co. v.
Dean, 1C2 N. Y. 278; Walker v.
Emerson, 89 Cal. 456; McClellan v.
Tayltor, 54 S. C. 430; Turney v. Stew
art, 78 Mo. 480; Boston, etc., v. Sulli
van, 83 Am. St. Rep. 275; Lake Shore
R. R. Co. v. Felton, 43 C. C. A. 189.
The decree of the circuit court is
reversed and a decree entered here
according to the prayer of the com
plaint. o
Cull for City Warrants.
Notice is hereby given that there
are funds on hand and applicable to
the payment of all warrants, drawn
on the street fund of the City of Sa
lem, Oregon, and endorsed, "Not
paid for want of funds." Holders of
said warrants will please present
them for payment, at the office of the
city treasurer, as interest will cease
from and after this date, April 18.
1911.
R. A. CROSSAN,
4-18-10t City Treasurer.
I 7 HWWmrhWH
Celebrated Lear F'irnrc
The Best Heater
It will save you tr iey every day yoi
own It. I .ell ai q natal' the best
Let me give, yon figures.
See Me
Afccut an individual lighting plant
ror your home. 'Ihe best thing li
the market for -ooking and llghtlnp
A. L. Frasier
Phor.p 1R.
.! htat Street
Home Manufactured
How
Our X
New Process
Glazed
CEMENT
a Better Pipe Than
Anything on the
Market.
Salem Sewer Pipe Co.,
Manufacturers
865 Liberty Street
Phone 11.
x
X
t Sewer Pipe ?
V Made. .
Joy
AND
SICKNESS
PONT CHUM
TO DE HAPPY KEEP WELL
USE ONLY
BR. KING'S
NEW DISCO1
TO CURE
COUGHS AND COLDS
WHOOPING COUGH
AND ALL DISEASES OF
THROAT AND LUNGS mK3$i.o
I """"""1" - SOLO AND GUARANTEED BY HJ.. ".
Are You Looking
For the Best
Orchard Development
Proposition in Oregon?
We have it.
Call and see us.
The A. C. BOHRNSTEDT CO.
304 U.;s. National Bank Bldg.
SALEM, OREGON
Head Office, Minneapolis, Mlnu.
Soon Time to Spray
It will soon be time to spray your apples and pears for coddling I
moth. Remember that yon cannot him fruit free from worms
t without you spray. Our Arsenate of Lead Is the best on the roar
t 4 ket nud sold at a reasonable price. Sprny as the blossoms fall
t the first time.
D. A. WHITE & SONSt
t Feedmen and Seedmen, I
I Poultry and
l SALEM,
Salem's most poular res
taurant THE WHITE HOUSE
We cater to the public who
demand a good meal for a
small price,
Wm. McGilchrist & Sons.
The Bosom Sets
The stud button holes exactly meet, the neck band does not
hind on vnnr nk! hnttnn hnlH Bxactly met buttons, DO
fr
bulging front, in tact
ehlrfB T fa Anna nHrri
do not ,-ub or burn the fibre, but MOULD the cuffs, nee
band and bosom to a PERFECT SHAPE. Try the
fork. Visitors -welcome.
Salem Steam Laundry
136-16(1 South Liberty Street
HOME
IN REACH
ALL
brought'
Millions
Branch Offices:
itluclcny and Creswell, Orcg. '
None Just as Good
LaCorona Tops Them
All for 10 Cents
On Sale Everywhere
Aug. Huckestein
Manufacturer, Salem, Oregon.
Bee Supplies
OREGON
Gold Dust Hour
Made by the UXDHKY POM
COMPANY, Bydey, Orego.
Made It Family Cw-
Ank jronr grocer tor It- "
aad Wbort. alwayi om bai
P. B. WALLACE, Agt.
Flat
a perfect fit if we launder your H
ahP nov STtATVf
PRESSES, wmca
phone "