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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (July 3, 1911)
0AIL1 CAPITAL JOIRVAL, HALE?!. fAGB TWO. the capital journal E. HOFER, Editor and Prorrietor. R. M. I'OFER, M-nager adnewlnt NVw.pzpr IvoU-l to Airoriim rrinclpks awl t Pr-vrwi sn-l fte-'l Jant of All Cn-jnn Pub!lhl Every r.ii, Ejccpt S ji.dy, 3.-n. Or SUBSCRIPTION RATESl (InvamMy In Aiivanc) WPr. tr Carrier, per year M month. Uliy.b Mjil.prrMr p m"rth eklr.byMaU,pirear l.W 61 month.. lULL LEASED WIRE TELEGRAPH REFORM TO USE FUND FOR REPAIR OF BRIDGES After a THE LADY CHARGED HER D EARL OK MVEItPOOL'S SIKTKIt JJILTKI. IIEIl LOVKIt, Till-: REV. H. II. HAWKINS, WHILE HE WAITED IX THE ( III lt( II. UNITKD I'BKSS T.EAAEr W1TIE Lonilnn, July 3. Exercising wo man's immemorial privilege that of chancing her mind Lady Constance Foljambe, a sister of the Karl of Liv erpool, derided today to not marry the Itev. 11. II. Hawkins, thus disap pointing a great fashionable audience which had ga(hered In St. Peter's church, Eaton Square, to witness the nuptials. Lady Constance telegraphed the Earl this evening: "I am safe. Have changed my mind, and do not wish to marry. I left LoLndon by noon train." Lady Constance, who caused a sen atlon two years ago, when she climbed the spire of White Well church, Is only 26 years of age. Hawkln is 48. He wept at tho church when told that he had been jilted. Today's scandal Is likely to affect the standing at court of the Earl of Liverpool, who is official controller of the king's household. thorough Investigation of -hp bridge .situation in the city the bridge committee ha3 decided that concrete abutments and wing vans for the Twelfth street bridga Is nec Hcarv for the protection of the im- 'jprovement on that street, and also a hot reply. If I had paid $10,000, tho hrdgi on Eighteenth between I am confident that this matter would1 Asylum avenue and t'hemeke.ta street nev-r have been heard of. I needs to be repaired, and it will so "I will furnish the necessary bond, recommend this evening to the coun all right." t oil, but bwond that it make no rec- It is said h' ro tliat Wild win ir, ,wnmendation. save that it will be tne to get Frauds J. Hcney as his attor-1 poijt.v of tue committee to expend tho money in the bridge commitees hamls In just such cases, where it is necessary to give the city fire protec tion. There is but $6500 in the bridge fund, and as the bridge bond election went down in defeat, and the council does not intend to avail itself of the emergency clause, this is all that is available, for the construction of the bridges which were washed away by the spring floods. The committee does not intend to take this amount and put It Into the construction of any one or two bridges, but to use it It is nee- ney. TWENTY ARE RECOMMENDED FOR PAROLE Mood't Sarsaparilla OREGON, MONDAY, Jl LY 3, 1011. HHWHmmwwmHttftTTTTT and i rheumatism, re.ievcs that tired ' feehn- cures palctv. htiilds ud the whole system. Get it ChoeeI.il I Sixth Annual Cherry And Carnivali retorcs the appetite ! gp I f nervousness, ; A ... IV hi ustnl ll'i'fll li" 111 HI GOING TO I SALEM, JULY, 6, 7 & 8, 1911 INDIANA After considering 40 applications for parolo at Its session yesterday, at i In repairing those which BANKER SAYS THEY ONLY WANT TO FLEECE HIM uxiTin rir.sn lurid mm Ban Diego, Cal July 3 Louis J. Wlldo, banker, was Informed this af ternoon of the order for his arrest, nd the increase of his bond at Port land. "It Is all the result of an attempt to shake me down," ho said. "I would not come through. That la all there Is to It. Ami now an attumpt is made to railroad mo to Portland on thiwe charges. Of course, I cannot dis cuss the charges themselves until I see them, but 1 can tell you that I will fight every Inch of the way. I am confident that all my friends will believe in my Innocence. . "The attempt to get money out of mo was made two weeks ago. I wrote tho state penitentiary, the parole! board decided to take favorable ac tion upotv 20, and made recommen dations to the governor that paroles bo given them. Two of the number are under tho ago of 21 years, and Intend returning to their homes In tho East. Employment has boon se cured for most of those upon whow favorable recommendations were made. When the board mot for Its first session it was confronted with some thing over 100 applications. At Its first meeting paroles were recom- mender for 25, and all of them have been given positions. The recom mondatlons ninde yesterday bring the number up to 45. There Is still loft a number out of the 1 00 applicants which the board is investigating, and paroles will like ly bo given many of them. The board Is following a policy of not recom mending paroles to burglars and ha bitual criminals. o PICNIC TO BE MATRIMONIAL IN CHARACTER essary to repair to protect the city In cases of fire. The committee will make no recommendations with rela tion to the decking of any bridges. Tho committee In repairing the bridges will hire only citizens of the city. Will Tiiy for Street. The street committee will recom mend that balance due be paid Con tractor Kehrberger on South Com mercial street paving. The property owners who objected to the Improve ment feel that they have no case against tho contractor, as he did his work according to the plans. Had material and inferior cement was un doubtedly used on parts of the west side, but It was Inspected by the city onglneer, nnd the street approved by the department. The street was i opened to traffic while it was yet green on order of the street commit tee and the mayor, and against the protest of the contractor and the city engineer. If there are laches, they are on the part of the city, is the opinion of the committee. i! FORASHARPj Sheriff W. A. Jones, of Mediord, ar- rived in the city today, aud after se- curing a requisition upon the gover- nor of Indiana from Governor West t for the return to this state of E. 11. Manley, departed for JIartinsdale, j Indiana, to bring Mm back. ! Manley is charged with selling some lots in the town of Medfonl to ', a Mrs. Gates for $ro0 and giving aj deed to them without, having title to them. So clever has he been in oper-; J ations of this character that it is j . estimated that he turned sales in . Medford alone amounting to $3,000, f nnd In each except the Gates transac- tlon, succeeded In keeping himself within the bounds of the law. Mrs. Gates is well along in years nnd in poor circumstances, the $700 representing her earnings for years. o UNITED I'REflfl I.EASr.D W11IC Boston, Mass., July 3. Plans are rapidly maturing for the first profes sedly matrimonial picnic In history. It will be held next month at Wil mington, Mass., under the auspices of the New England Greeks. Two priests on duty will make It possible for rapid culmination of the courtships that expected to follow tho picnic. Each suitor will emulate the manner In which Emperor Theo dorlus won his bride. Handing the fair Cassia an apple, the emperor remarked that women were responsible for all the wicked ness In the world, whereat Cassia re torted: "For all the good also." The emporor Immediately proposed maiTlage. So, In accordance with the time-honored custom, each bach elor will cajry an apple with him to tho picnic. 4 0 Interest on an Investment that can bo converted Into cash on demand Is what several thousand peo ple in this county consider a good Investment that's why they carry a savings account with us. One dollar Is enough to start an account. Savings Department Capital National Bank More Expert Testimony The city engineer of Milwau kee, Wis., states: "The city of Milwaukee has used concrete sewer pipe for moro than 30 years with entire success, nnd now has nearly 200 miles of such sewer In use. We are building large-size- sewers of concrete now, nnd find they can bo constructed cheaper anj answer the purpose much bet ter than brick sewers." Our pipe is the best also the cheapest. Call and visit our factory and see for yourself. Salem Sewer Pipe Co. 2t5 S. Liberty St. lMiotie 1 1 BASE BALL PLAYER IS ARRESTED (rsiTED muss leased wire.1 Tacoma, Wash., July 3. Charged on two warrants with assault and battery and with using obscene lan guage In a public place. Ed Kennedy, utility player on the Tacoma North western baseball team, was arrested today and will, appear in court on Wednesday for a hearing of the charges. Taking exception to the criticisms of the hleacherltes at yesterday's game with Victoria, Kennedy Is said to have replied with vile and abusive language and to have followed this verbal assault at the end of the game by striking R. W. Sands, a llnemnn. In the back of the head and knocking him senseless. The crowd became greatly Incensed at the alleged uncalled for action of the player and 200 men made a rush for him. Kennedy sought refuge In the clubhouse nnd was protected bv the other players until the crowd hail dispersed. President Shreeder of the club said today that. If the charges Kennedy are proven, he will fine the piayer nenvlly and may drop him from the rolls entirely. o A RIVER OF FLAMES IN STREETS Glasgow, Scotland, July 3. A loss of half a million dollars was caused today by fire which destroyed the Dalmore distillery here. Flowing rrom me nurmng buildings was a stream of whisky, which caught fire, sending a river of flames down the streets leading to the Firth of Crom arty and furnishing a remarkable spectacle. i ons W ILDE (Continued from Page I.) asserts that Wilde represented to the Union Telephona Construction com pany, which handled the bonds, that he had sold the block at 82 cents, when In fact the bonds sold at par. He accounted to them for $410,000. and It is alleged split the remaining $90,000 In cash with Morris. Following the suspension of the bank, V. H. Moore, its president, Morris and Wilde formed an organi zation and disposed of a large quanti ty of the Omaha bonds to depositors In payment of thei'r claims. The Omaha company is now in the hands of a receiver, and the face value of the bonds have depreciated to approximately 50 cents. In order to become a bnvk num ber one must at some time or other be a current issue. Greatest three day celebration and midsummer amusement event. Three grand pageants in honor of King Bing and Queen Ann as imper ial rulers of the merrymakers. Cherry Pavilion and Carnival Attractions at Marion Square, $1000 will be expended on'prizes, silver cups and exhibits of finest cherres in the world, Three Grand Parades Thursday, July 6, 10:30 a, m, Grand Civic, Industrial and Historic Parade, Iowa Picnic at noon at Marion Square, Friday, July 7, 10:30 a, m. Automobile Parade, $200 in prizes for the best decorated cars open to the whole state, Saturday, July 8, 7 p, m, Great Comic Screamer, two miles of continuous, uproarious 'in on whee's: all nations; $200 in prizes, . Special Baby Parade and Perambulator Procession, Satur day at 10:30 a, in, $100 in cash prizes, Bring the twins, Country Fiddlers' Contest and dancing on public pavilion for prizes every evening, Ligts go o.ut at mdnight, Amateur Athletics and Sports on the streets every afternoon with $300 in cash prizes, Leading state athletes present, Five Bands, Vocal Quartets; Balloon Ascensions; High Divers; Slide for Life; Street Sports; Fine Speaking Program Daily; More Free Attractions than you ever saw in your life. Reduced rates on ail railroads and steamboats, JAS. R. LINN, President. CHAS L. DICK, Secretary The sniartles' mission on earth must be to tench others self control. The world's most successful mwti. against cine for bowel complaints is Cham- neriain s l oiic, Cholera and Diar hoea Iteniedy. It has relieved more pain and suffering, and saved more lives than any other medicine In use Invaluable for children and adults Sold by all dealers. of his adversary's holding; but when, as in this case, a defendant admits that the plaintiff was the owner in fee of the property and deraigns his own title from the latter it is for the defendant to establish his title in the first instance. By his further and separate answer, the defendant as sumed the task of showing that the plaintiff's title once in existence had afterwards been defeated. He as sumed the laboring oar, but when the Issue was presented, he refused to go forward, and a judgment shield have been rendered for the plaintiff at that juncture upon the motion of the latter for that purpose. The plain tiff, however, took it upon himself to show affirmatively the defects In the defendant's title, and it remains to be seen whether by his action in that respect he proved the defen dant's case. The description of the property ap pearing upon the assessment rolls of Washington county for the years 1897 and 1S99 is as follows: "N. W. Vt of S. W. section 33, township 2 south, range 1." It is not stated in this description whether the property is in range 1 west or I east of the meridian. The variation of six miles thus left indefinite, Is sufficient to nullify the attempted description of the land. Such an assessment is void in the face of the statute re quiring a full and precise description of the lands owned by each person. Jory v. Palace Dry Goods company, 30 Or. 196; Martn v. "White, 53 Or. 319. The evidence thus offered by the plaintiff disclosed an Incurable de fect in the defendant's title, so far as the same rested upon the tax pro ceedings alleged in his answer. No proof whatever of the other allega tions of the answer having been of fered, it was error to refuse the plaintiff's motion for judgment. The judgment will be reversed and the cause remanded for further proceed ings, not Inconsistent with this opinion, OREGON SUPREME COURT DECISIONS Full Text Tubllshed bj fonrtesy of F. A. Turner, Importer of the Supreme Court. M unlock. WusliiiiL'ton County. T At appellant, v. Emer cept that the MuruocK. respondent. Appeal from 1 claiming i'ic circuit court of ion of T tt-- Huie Wing Sang Co. j Big Sale on Summer Goods We have made mi a new iin. .. m.,.. .. . Wr-i, .i ,.. .,. .'"" " '"'oie i nuerw . ,.u ..ninm. All Kims of Ijii liu' on.l bilks and Dress Goods. Shoes. Goods. car. Kinionns. Mens Furnishing t. -in i. 'i unlock, vtut iini'tiin Tii.. - ,.1.. ' i"-1 "verses an the afflrnia live allegations of the answer . defendants grantor, i under the ta nrneee,im.-o ! Washington had executed ilee.ls in ti, count f n,, i i.i.,.. , . I ' '" i iiu.uM c.uMu, juuge. .r- ami that (-'" "u ii smimittcil June 22. lull, lately "enster Holmes. 'eton Me( '1 U. Nll'illllaS for llonellmt lev & n, r.. ...... , " ,. l"'ntiiT relying in , Reversed t.urnett.(Tne nrs, instance upon the allocation I This u ' .. . i f ""' "nsw,'r- s,lowi"S title in him. i oossi.ssinn : 'V. .M,w,'r . -uhou, offering any . . I., iHiiumest quarter, in chief. The defendant of Hie southwest n,i ..r !.. . ",wn''fl' 2 ,,!,, range 1 west ' the ,,., . .,.. " ''T' ' an'' Of Wilhimet.. M.,.i.ii I .' '" mM UIU tne "Ke. 1 iii., in oi uasmng-ion further ..... i, ..mi,, uregon. The ilofemhint n,is,i denied the :,n .., ... """'""' conn to reopen the ..lain, ....... . : : T"""- i- ''end in evidence ' " ,:" '" '"e usual form, sessment roll '" ion nmrmutive d Rip a Tj IPiCHH A TFTP BULLETIN I the defendant had in.,,,. K"iie into nos ' and property. Pag-, At the trial the nhiimie- I'.uniett. the first in.-t;i evidence also rested but All kind of Silk on big nale. $3.00 Ladles' Waists now. .$2.2:) Wrappers. t, $i 2:., It.r.Oto $3 $2.25 ladles Dresses $i-,o ladles rursea.iOe, T.'o, $1, 1.2j $2 25 patent leather rumps $1" I-adlea' Scarfs. . .".Of, T.-.o, i up Children's Dresses, iOc, 75c, $1.7.". $2.00 white l'ndersklits...$l,2-, $250 linen Pnsters now.. $1.75 $2.75 men's Pants, sale. . . j:.,.,) $1"5 children's Middy $1.00 poi $1". Curtains, pair now.. $1.35 by $'!00 ladies' skirts now.. .$4. r.iu.onas..i25, $150 gj -Toe silk Stockings now. .. dctense. nllece.l that during the ear lv,;. tt. ,,iilin. tilT was the owner In fee simple of the premises In dispute, and further proceeded to set up n detail certain proceedings by the assessor the board of equalization and the county court culminating In the lew ndat- lemptoil collection reflection, obtained nor. 01 Tile court to the as- of Washington countv Tar 1., ........... . ' '"" i". nnu isiei. a wei the deed to defendants grantor. ; ased upon the assessment of 1S97 j and rested. The court ,ha ,' verdict for the defendant and from the ensuing judgment, the plaintiff appeals. iinrnett. j. 50 up ."1O0 FIItnvOKhS WHOLESALE Al ItET AIL. Tl li f Tl in i t c. Of Certain liivoa rnrw.M.i ... . ,iei' for that year In Wushiton Y" Z ' "L " ' the de !e of the pro,em. wb Z 1, ' " ev,dn" " at through mesne convev,. ' .., " answ,r n"'"nts to a ceeded ,0 plaintiff's ,,, e ; " , nVOU'anre f ,h ! titer pleaded the short Vt J of , Z" n f ra,,S,, f ai,,,on' Th d" ii.at.on, c.alm,ns 11 ffl. that : action for the recover of ' lne owner of the 325 N. Commercial Street. Salem, Oregon ana until the mir,.,. .'..ll...!. 3 h-r alleged that he had been n ,' . v " ,,rM,,.med thiU jopen. notorious, peaceable and W I , . 8uch ner- tilepo.session of he el 1 "L . t L.'1'? f In trials J nuestion. under color of U,ie for X ' laml ,hat a murt I .... 01 ut'' for lifP"over on the strength nf u,. jfor delinquent taxes; 'and still fr- Firstclass business property on Commercial street, rear entrance from Southern Pacific freight depot and tracks, one-half block from Oregon Electric, 25, 50 or 75 feet lots at $200 per front foot. Property in same block and across the street held at $300 to $500 per front foot. This is a snap investment for a short time only. Lot 165 feet deep. Best business corner on Commercial street, 55 1-2 feet by 165, at $20,000, for short time only. ThreeandlT-lOOthacresonDstreet between Fifteenth and sixteenth, will r.... . ... . . .. , , ' " -iy iois, tine orchard and gardens, large house, good barn, windmill and water supply, sewer assess- cmaesh S2ar1or;0nCr.le8!deWalk " 8treetfr 320 feet- S85 buiW Jl . eeyearSnbalanCeat 8ix "ereenl- All fine buddmg lots. Fme tract for subdivision and erection of homes of the better sort. We have $1500 to loan on good improved city or farm property. E. HOFER & SONS, Salem, Ore. Phone Main 82 213 S. Commercial St. "si past, .. 0 " owa 'UU' Mther hn Pon the weakness n1