PAGE TWO. -11 IMTLY-CAPITAL - JOCRNA.L, HALKM, OHEGOJf, MONDAY, MAY 8, 1011. the capital journal E. HOFER, Editor and Proprietor. R. M. HOFER, Manager Wpemlent Newspaper Derated to American Principle and the ProgreM and Develocaent of All Oregon vtrDeii Published Every Evening Except Sunday. Btiem. On. TjwJ 1 iKL ' ft vitW?? SUBSCRIPTION RATES: llipSSjS. (Invariably In Advance) V J5!Zj22k!? Daily, by Carrier, per year $j.0O Per month 60c ) rniT7jvJ Daily, by Mall, per year 4.W Per month S5c T 'Eftl areekly, by Mail, per year 1.00 8ix monthi 60c FULL LEASED WIEE TiGRAPH REPORT An outsider reading the statements made on the primary campaign by the candidates for mayor of Portland about each other must come to the conclusion that not one of them is big enough for the job. All are too small for the dignity of the po sition, to judge from their utterances. The primary has killed off three of them ,and the voters will probably dispose of the other one. Under the Direct Primary system-the question "can he come back" i3 more important than in the prize ring. The Rush was Light at Portland Saturday. The time was never more opportune for plain speaking than dow. Ezekiel S. Condler, of Missippi, an alleged Democrat and "representative of the people," made a great talk in congress the other day on "economy in the public expense." He is one of the Four Hundred (about) members of the lower house, a bady that has voted to pay itself $7500 a year and mileage, and perqui sites each one has a clerk or several of them frequently their own relatives and free use of offices, stationery, free printing and postage each congressman copting the people probably $15,000 a year and not many of them could earn $5000 a year at anything under the sun these men talk pages of rot in the Congressional Record about public expense. The Democratic caucus solemnly resolved in the interests of the "burdened" mil lionaires to cut off $188,000 a year on "Running Expenses of the House." The average congress spends a billion. Its mem bers pretend they cannot live on a salary of less than $7500 a year. Most of them never earned over one-fifth of that in a year of their lives. Their families live on less than a thousand a year at home. To save $188,000 a year on running expenses of the house if it were $200,000 would be less than two-tenths of one per cent on what congress costs annually. And that is the Democratic concept of economy. Fire a few laborers around the capitol and create 1000 new civil service jobs. So far a3 extending the official graft system called government is con cerned there is no difference, but in name, between Republicans and Democrats. Politics is the science of reducing the benefits of the system from the concrete to the abstract, and handing the people a new package of nostrums. Another idol has fallen, Melville D. Stone, of the Associated Press, is accused of misrepre-senting the attitude of the peo ple of Japan towards the United States, of misstating the facts on important matters at Yokohama, and putting forth an ar ticle in the American Geographical Magagine that is denounced by the Yokohama Board of Trade as a tissue of falsehoods. This is a little rough on the head man of the Associated Press, but it is rougher on the people who have swallowed the stuff that is set up for them by such agencies. Ralph Clyde is Republican and Democratic nominee for alder man at large at Portland. Mr. Clyde is the beginning of the revolution. He is the revolution. OREGON SUPREME COURT DECISIONS Fall Text Published bj Courtesy of F. A. Tinner, Reporter of tlie Supreme Court. rilnklcwlsch T. Portland Ky. I. & P. Co., Multnomah County, Edward Pltnklewisch, administra tor ot the estate of Otto Brandes, de ceased, appellant, v. Portland, Rail way, Light and Power Company, a corporation, respondent. Appeal from the circuit court for Multnomah county. The Hon. Earl C. Bron atigh Judge. Argued and submitted April 13 1911. Wm. C. Benbow, for appellant. A. M. Dibble and (Wil bur & Spencer on brief) for respon dent McBrlde, J. Affirmed. Plaintiff's Intestate was struck and killed by one ot defendant's street cars, and this Is an action to recover damages sustained by his estate by reason of such accident It Is alleged that defendant was negligent In the following particu lars: (1) In using a worthless and insufficient fonder, different from that prescribed by the statutes ot Oregon. (2) In failing to have the car under control when passing an other car. (3) In falling to ring the gong as the car approached the crossing; (4) In falling to keep a headlight burning. (5) In carelessly and negligently falling to stop the car after seeing deceased coming upon the track and into a place of danger. Defendant denied the al leged negligent acts, pleaded a reso lution of the city council of Portland, authorizing the use of a fender ot the character thon used upon the car de scribed In the complaint, and al leged that the accident was due whol ly to the negligence of deceased In going upon the track without looking or listening for an approaching car. The evidence Introduced by plain tiff tended to show that deceased was on a car going east on Gllsan street In Portland, and that when within eight or 10 feet of the west cross-walk of Eleventh street, which Intersects Gllsan street at right an gles, he stepped off ' of the moving car on the south side and walked around behind the car and - started In a northerly direction across Gll san street. This street has a double railway track upon It. The width of the track Is three feet nine Inches and the distance between the nearest rails of the two tracks Is six feet The evidence shows that he walked with his head down, without look ing for an approaching car, and that he stepped upon the track at the same Instant that he was struck by a car, going west, which was moving at a rate of from two to four miles an hour. He' was carried by the car a distance of from 40 to 50 feet and was so bruised and Injured that he died shortly thereafter. At the con clusion of the testimony the court directed a verdict for defendant and plaintiff appals. Other facts will ap pear In the opinion. McBrlde, J.: It Is evident from the testimony that the negligence of the deceased was the proximate cause of his death. He neither looked nor listened, nor took any precautions to Insure his own safety, when It la evi dent that even a casual glance would have made known the fact that de fendant's car was In close proximity. In addition to this he was attempt ing to cross the street not at the cross-walk but at an unusual place and under unusual circumstances, as his presence was concealed by the car that he had just left until he ap proached within a fow feet of the track. Even If he had been observed nearlng the track of the west bound Leave this tremendous alcohol question to your doctor. The dan ger is too great for you to decide Ayer's Sarsaparilla is a tonic, entirely free from alcohol. Take tfr-or-rtot, as your doctor directs, ?; Avoid It alone. car the motorman would have been justified in supposing that he would halt before stepping upon the track. To step from a place of safety to a place of Imminent danger would re quire less than a second of time. A car going at the rate of four miles an hour would progress six feet In a second of time. Had the motorman observed that deceased was likely to put himself In peril by attempting to cross the track. It would have re quired at least a second or more of time to stop the car. The testimony of Buchler the only witness who ac tually saw deceased struck by the care, Indicates that when deceased had reached the south rail of the north track, the car was six or seven feet away. Here for the first time de ceased was in a position of actual danger or in a position that would indicate to the motorman that he In tended to cross the track ahead ot the car; and to say that he had time to realize the peril deceased was In, and apply the brakes and stop the car In less than two seconds, and that he was negligent in failing to do so, would be unreasonable. The fact, if It be a fact, that the car had no headlight, can have no bearing as the testimony shows that the light was sufficient to enable a person nearly a block away to see both deceased and the car. Plaintiff, practically conceding the negligence of deceased, contends that the failure of defendant's motorman to stop the car for a considerable distance (from 40 to 50 feet) from the place of collision, should entitle plaintiff to recover upon the "last clear chance" rule. It Is contended with some plausi bility that the jury might have found that deceased came to his death, not from the effect of the original col lision, but from subsequent Injuries Inflicted after he was thrown under the fender, and dragged to the place where the car finally stopped. We find nothing In any phase of this case that Justifies the application of the "last clear chance" rule. It should be borne In mind in the beginning that he who admits negligence on his own part and seeks to avoid Its con sequences has the burden of proof to show, by the outweighing of the testimony, that notwithstanding such negligence the circumstances were such that the opposing person after perceiving his peril, could by ordi nary care, have avoided injuring him. We fail to find such proof in this case. Conceding for the pur pose of the argument that defendant was negligent In falling to slow Its car or In failing to ring a gong, the evidence shows that the negligence of deceased was concurrent and con tinued to the very moment of the In Jury. Under such circumstances plaintiff cannot recover: Drown v. Northern Ohio Traction Co., 76 Ohio 234; 10 L. R. A. (N. S.) 421; Dyerson v. Union Paslfic R. Co., 74 Kan. 528; 7 L. R. A. (N. S.) 132; Halman v. Southern Pac. C. R. Co. 97 Calif. 161. Nor can the "last clear chance" rule apply to the alleged negligence of defendant in failing to stop' its car more quickly after the collision oc curred. The evidence is clear that the death was the result of de ceased having been struck by the car. Whether the whole Injury hap pened at the very moment of the col lision or partly then and partly af terward and before the car was stopped, is a matter of mere con jecture. The whole accident was one transaction and t- attempt to cut it Into fragments It would have been necessary to require the jury to de part from the realm of proof and enter the domain of speculation; Rider v. Syracuse R. T. R.WCo., 171 N. Y. 139; Drown v. Northern Ohio Traction Co., supra. The contention that the defendant was negligent In falling to have a proper fender upon Its cars cannot be sustained. Sec. 7007 L. O. L. de scribes the character of fenders that shall be used upon street cars In the state of Oregon, but has this proviso: "Provided, that whenever, In the judg ment of the mayor and the members of the common council ' It shall be deemed for the best Inter ests of the residents and Inhabi tants of any such city or town to substitute In lieu of the apron- fen dor or guard, hereinbefore provided for, another approved design of apron, fender, or guard said mayor and said city council shall have such right whenever there shall be en tered upon the records of said city or town the reasons for making such susbtltution." Before this accident occurred the council and mayor, by a resolution duly passed, declared that the "Hunter Drop Guard Fen der" of the design, form and con-r 8truction adopted for use by the Port land Railway company ancT the City and Suburban Railway company, was adapted for use In the City of Port land and better calculated to prevent accidents or injuries to persons than the fender provided for In the act of the legislature, and directed Its use in the City of Portland by such companies, and their assigns. It is not disputed that the fender actually In use on the car in question was of the design and character pre scribed by the resolution, but It Is contended that the proviso In the act Is unconstitutional, In that It gives the mayor and council the ' right to arbitrarily set aside a state law. We do not take this view of the act. The Ktaodfe- Sarsaparilla Cures all blood humors, all eruptions, clears the complex ion, creates an appetite, aids digestion, relieves that tired feeling, gives vior and vim. Get It todnv in usiiil liquid form or rhcwMntort tr.hiot, railed Sarsatabs. Intent of the act is purely to pre scribe in general terms what shall constitute a sufficient fender until each distinct locality shall have seen fit to legislate for Itself on that subject This court has- upheld local option In regard to the sale of liquor and we see no good reason why Portland or any other municipality may not be .permitted to exercise the same right in regard to fenders. The principle Is the same; the regulation of each is the exercise of the police power for the benefit of the public. It Is also claimed that the resolu tion Is void because It discriminates either In favor of or against two railways In operation In Portland and as they can only exist by virtue of franchises granted by the city we will assume that there are no others rather than that the authorities in tended to make an unlawful discrim ination. It Is also contended that the re so lutlon Is void because it discriminates In favor of a particular fender. The name "Hunter Drop Guard Fender" is evidently used to describe the de vice which the council Intended should be adopted. It is not shown to be a patented article or one that anybody Is prohibited from making or selling. It was the intent of the statute that the device approved and adopted should be described with convenient certainty and we think a description by name with the addi tion that It was of the pattern then In use by the two railway companies merely served the intent of the statute and did not unduly discrimi nate. The judgment of the circuit court Is affirmed. Saved Many From Death. W. L. Mock, of Mock, Ark., believes he has saved many lives In his 25 years of experience in the drug busi ness. "What I always like to do," he writes, "is to recommend Dr. King's New Discovery for weak, sore lungs, hard, colds, hoarseness obstinate coughs, la grippe, croup, asthma or other bronchial affection, for I feel sure that a number of my neighbors are alive and well today because they took my advice to use it. I honestly believe Its the best throat and lung medicine that's made." Easy to prove he's right. Get a trial bottle free, or regular" 50 or $1.00 bottle. Guaranteed by J. C. Perry. What Foley Kidney Tills Wll Do for Ton. Foley Kidney Pills are a true med icine. They are healing, strengthen ing, antiseptic and tonic. Foley Kid ney Pills take hold of your system and help you to rid yourself of your dragging backache, dull headache nervousness impaired eyesight, and of all the miserable feelings that re suit from the impaired action of your kidneys and bladder. Remem ber It is Foley Kidney Pills that do this for you. Red Cross Pharmacy. TO CURE A COID IX ONE DAT Take LAXATIVE BROMO Quinine Tablets. Druggists refund money if It falls to cure. E. 'W. Grove's slgna ture Is on each box. Twenty-five cents. o Never hesitate about giving Cham berlain's Cough Remedy to children. It contains no opium or other nar cotics and can be given with implicit confidence. As a quick cure for coughs and colds to which children are susceptible, It is unsurpassed. Sold by all dealers. i ii i in " iff if. ni.iiiiii.. . - inliiii.iiiiini i 1 I W -i . .TtTTTVTTTTTTTi r 1 Celebrated Lear Funs.ro- The Best Heater It will save you tp-iey every day 70. own It. I ell ni u natal' the ben Let me give yon figures. See Me About an Individual lighting plant for your home. The best thing Ii the market for cooking and lighting A. L. Frasier Phone 15. 25S State Street DEPUTIES GUILTY OF VIOLATING LAW That the deputies working under Master Fish Warden Clanton not only kept a vigilant lookout for vlo- latlins ot the fish laws' during the closed seasons, an to the public, but they incidentally kept an eye on each other. Is evidenced by the fact that Deputies A. L. Gustafsln and A. S. Mendenhall were arrested Saturday at Oregon City for violation of the law and upon information secured by another deputy A. E. Wright. The two deputies were employed on the Willamette river during the closed season. While Master Fish Warden Clanton did not Have an acquaintance with either of them, they came strongly recommended, and had the appearance of being straightforward, and he employed them. They patroled the river near Oregon City during the night, and In the morning would return to Port land, and It was while Journeying home on the train on the morning of May 1 that Deputy Wright happened to drop along and find that they had two handsome salmon In their pos session. He reported the matter to his superiors, with the result of, an investigation, and a confession from the two deputies that they caught the fish with a net. Master Fish Warden Clanton will prosecute the offenders to the full ex tent of the law. Starts Much Trouble. If all people knew that neglect of constipation would result In severe Indigestion, yellow Jaundice or viru lent liver trouble they would soon take Dr. King's New Life Pills, and end It. It's the only safe way. Best for biliousness, headache, dypepsla, chills and debility. 25 cents at J. C. Perry's. o Chamberlain's Stomach and Liver Tablets will clear the sour stomach, sweeten the breath and create a heal thy appetite. They promote the flow of gastric juice, thereby inducing good digestion. Sold by all dealers. Children Ory FOR FLETCHER'S CASTORI A FARM SNAP 120 Acres on Howell l'ralrle, nil under cultlvn tlon, but n few acres timber, running water. Price, Including Implements, crop, furniture, etc., $125 per acre. Let us show you this. DERBY & WILLSON Salem Bank & Trust Co. General Bunking nnd Trust Business With our assurance that we are able and willing to take care of it, we solicit your Banking Business. Open an account with us and we will extend you every favor consistent with good banking principles. We Pay Fonr Per Cent on Savings Liberty Street, Just Off State FAIR GROUND Feed and Seed Store Valley Flour, per sack $1,00, 1 1 1 ui i ri rr.4 rc tiara vvneai riour, qj i .o Best Sugar Cured Govern- ment inspected hams, 1 fine goods, per pound, 16c, J The very best thin Break- t fast Sugar Cured Ba- t con, per pound, 20c, J 5 pounds best White ; Beans i25c, 6 pounds Whole Grain J Japan Rice, 25c, j Try a sack of our High- land Flour at $1,25, 10 pounds Best Nebraska 1 Corn Meal, 25c, J Remember the Place. J Free Deliverv t R. IN. MORRIS Phone 1497 a. i Salem Fence Works Headquarters for Woven Wire Fencing, Hop Wire, Barb Wire, Poultry Netting. Shin- B. and Ready R'.oflng. Screen Doors aud Adjustable Window Screens. All at the lowest prices. CHAS. D. MULLIGAN 250 Court street. Phone 114 0RDI5AXCE 0. 82S. -A Bill For an ordinance providing for Incurring an indebtedness to th of $60,000 by the issuance and sale of bonds against the cit 4mount Oregon, for the purpose of raising funds for the construct' Salem' es'sary bridges within the city of Salem, Oregon; providing iot?1 Bw" or said Indebtedness, and the terms, denominations, and 1 t such bonds, and the manner of disposing of the same; and Me!t.of for submission of the proposition of incurring such indebt rtPr0TillillS the Issuance of such bonds to the legal voters of the city 0f S B a anprtnl plpctlnn in he railed fnr mirh rtnrnnca ' at . " v, UU laUer8 . VI thereto: on: Be It ordained by the common council of the city of Salem Oreg luai, iiucicoa, utauj yiuiuiucub uuoiucso iueu Ol ine City hgVA that the question of the Issue and sale of bonds to raise funds to tei1 struct bridges recently destroyed on Mill Creek by floods, and t0"" other necessary bridges, be again submitted to the legal voters r city at a special election, and ' tlle Whereas the general Interest of the city and the inhabitants th demand the Immediate construction of such bridges; ereot Therefore, Be It ordained: Section 1. For the purpose of providing funds for the re-constructi of bridges a certain points on Mill Creek where bridges were r B destroyed by floods, and constructing other necessary bridges wlthiiTt city of Salem, Oregon, the common council of said city is hereby auth ized and empowered to incur an indebtedness by the sale and lsaua N bonds as hereinafter provided, to the amount of $GO,000. C8 f Sec. 2. Such bonds shall be known and designated as "Salem Mu clpal Bridge Bonds" and shall be Issued In denominations not less tl" $25.00 and not greater than $1,000.00, upon a popular loan plan, at a rat" of Interest not to exceed six (6) per cent per annum; such bonds shall be payable within ten (10) years from the first day of July 1911 Sec. 3. The principal and interest of said bonds shall be payable in gold coin of the United States of America, and the Interest thereon shall be paid semi-annually on the first day of July, and the first day of Jan uary of each year after date of issue, at the office of the treasurer of the city of Salem, Oregon. Sec. 4. To each of said bonds shall be attached twenty (20) interest coupons printed upon the margin of the paper upon which is printed the bond itself, and representing the amounts of semi-annual interest to be come due upon the said first days of July and January, consecutively suc ceeding the said date of issue and pledging the payment at the times ana place mentioned, and at the rate of Interest agreed upon in the sale there of. Such bonds shall be signed by the mayor of the city of Salem, Oregon and attested by the recorder of said city, and each bond shall bear the Impress of the seal of the city of Salem, Oregon, and shall pledge the faith and credit of the city of Salem, for the payment thereof accord ing to the terms thereof. Sec. 5. All such bonds remaining unsubscribed for and unsold when the subscription books for the sale thereof shall have been duly closed shall be Bold upon the open market to the highest and best bidder bidding for all of said bonds so remaining unsold, but for not less than par. Such bonds Bhall be eexmpt from all taxation for municipal purposes and among equal bidders preference in the sale and allotment thereof shall be given to bidders residing in the city of Salem, and state of Ore gon, for the smallest amount and lowest denominations in due sequence. Sec. 6. It shall be the duty of the treasurer of the city of Salem, Ore gon, when said bonds herein provided for shall have been sold and paid for, and the purchase price thereof shall have been received by such treasurer, to arrange and keep all funds arising from the sale thereof, separate and apart from all other, moneys of the said city, and the same shall be designated "Emergency Bridge Fund", and the same shall be paid out only for the purpose of constructing and repairing bridges with in the city of Salem, Oregon. Sec. 7. For the purpose of carrying out tthe provisions herein con tained, namely: To incur an Indebtedness in the sum of $60,000.00 for the purpose of re-constructing bridges destroyed by recent floods on Mill Creek, and constructing and repairing other necessary bridges, all by the issuance and sale of bonds, a special election of the city of Salem, Ore1 gon, Is hereby called to be held on the 19th day of June, 1911, which election shall be held in all respects in the manner in which general elections are held in the cty of Salem, at which time the matter of in curring such Indebtedness by the issuance and sale of bonds shall b submitted to the legal voters of said city for their adoption or rejection. Each voter shall designate his intention by voting "Yes" or "No" in an swer to the following question: "Shall the common council of the city of Salem, Oregon, Incur an In debtedness by the Issuance and sale of bonds for the purpose of re-constructing bridges destroyed by floods .on Mill Creek, and constructing and repairing other necessary bridges in the .city in the sum of $80,000." Sec. 8. The ballot title to submit this ordinance to the legal voters of the city shall be substantially as follows, to-wlt: "To ratify Ordinance No. 928, providing for incurring an indebtedness by the city of Salem, by the issuance and sale of bonds in the sum of $60,000.00 for the purpose of constructing necessary bridges. Vote Yes or No." Sec. 9. The city recorder shall, not later than twenty (20) days before the said proposed election, cause the full text and ballot title of this or dinance to be printed In a newspaper published and printed in the city of Salem, Oregon, for five (5) consecutive publications. Passed by the common council this 24th day of April, 1911. Attest: CHAS F. ELGIN, City Recorder. Approved by the Mayor this 26thday of April, 1911. LOUIS LACHMUND, 5-5-5t-dly Major. rraopsis or tub ann uai, statxstekt or thb DELAWARE INSURANCE COMPANY OF PHILADELPHIA IN THE STATE OF PENNSYLVANIA. On the 31st day of December, 1910, made to the Insurance Commissioner or the state of Oregon, pursuant to law: Amount of capital paid up f"1. iOO,000.0 rue Ofln. Premiums recelvel during year In cash 11,582,120.90 Interest, dividends, and rents received during year. 81,531.22 Income from other sources received during year. . . 6,998.94 Total Income .' " M"-"1 Disatraa hmeitts. . Losses paid during the year t 92S.5B0.5O Dividends paid during year on capital Btock 60.000. 00 Commlsslo is and salaries paid during the year 51S.191.14 Taxes, licenses, nnd fees paid during the year .... 42,t 19.17 Amount of all other expenditures 107,669.96 Total expenditures ' l..MWr Value of real estate owned i 200,000.00 Value of stocks and bonds owned li,,s?". Loans on mortgages and collateral, etc !!, Cash in banks arrd on hand 82,843.33 Premiums In course of collection and In transmls- slon 438. "04. M Other assets 4 !, 2 -2 2 Interest and rents due and accrued 2'2;i :i Total assets $2,22i,845,i4 Less special deposits in any state 18,699,00 ? 209,318.7 Total assets admitted In Oregon UABIilTIXa ,.,,,, Gross claims for losses unpaid l4.J.v Ammnt of unearned premiums on all outstanding risks 1,288,404. i Due for commission and brokerage'.." All other liabilities 159.n3.M I 1.6T9.TO0.0J Total liabilities '033 095,603.00 Total Insurance In force Dee. 31 1910 ' BusnrrsB rw ossaoir ro the tbab. 62,ji o Total risks written during the year V" Gross premiums received during the year 103." Premiums returned during the vear 60,u6.w Total amount of risks outstanding in Oregon Dec. 31. 191" DELAWARE INSURANCE COMPANY Statutory resident r-vra agent and attorney for "ervlce: potW EDWARD HALL. Concord Bia The Bosom Sets Flat The stud button holes exactly meet, the neck band does not t-.-j ... v-i w met buttons, n uiiiu ou your necKj ouiiou uuibb c.a-w f bulging front, In fact a perfect fit if we launder j a shirts. It ig done with our new STEAM PRE&SLS, D do not ,-ub or burn the fibre, buf MOULu iub . band and bosom to a PERFECT SHAPE. Try ork. vlsltori welcome. Salem Steam Laundry 136-16A Sooth Liberty Street Phone 4