D4TLI CiPRAL "" OREGOX. MONDAY JULY 10. 1011
: 1
PUBLIC MONEY
MUST BUILD
THE HOSPITALS
In spite of the fart that state san
atoria aud hospitals for tuberculosis
have been established In 31 states,
and 114 municipal or count hospi
tals In 26 mates, vas'Jy more public
provldlon Is needed to stamp out con
gumption, says the National Associa
tion for the study and prevention of
tuberculosa In a bulletin is?u"d to
day. Every state east of the Miaslsnlppi
fiver except Vermont, South Caro
lina, Kentucky, Teanewe, Florida,
MlHxisKiDiil aud Wools have provided
atate sanatoria. In Vermont, a pri
vate sanatorium U partially used as
a atato Institution, and in Florida,
an Indefinite provision for such a
hospital has been made. The states
west of the Mississippi river whl'h
have established state sanatoria are,
Minnesota, Iowa, Missouri, Arkan
sas, Tevas, Kansas, Nebraska, North
Dakota, South Dakota, Montana, and
OrPKri There are 3!) sanatoria pro
vided by these stati, Connecticut
hnvinK three, Mussactiussets four,
Pennsylvania three, and Texas two.
N;w York stale leads In municipal
and county hospitals for tuberculo
sis, having 34, while Ohio, the sec
ond on thH list has 17,, and Masnn
chnsetts, the third, has nine. In these
26 states, which are the only ones
having any municipal or county care
for tuberculosis, there are 114 hos
pitals, Including special pavilions
and almshouses. Hardly more than
one-tenth of the cities having 30,000
population and over, make my local
provisions for tuberculosis cas'f), and
not ono-twentloth of the lg popu
lous districts make such provisions.
In addition to the state, municipal
and county hospitals, tho federal
government provides for certain se
lected classes in the I'nlted K(ate9
army hospital at Fort Hnyard, New
Mexico, the United States Health and
Marine Hospital Service Sanatorium
at Fort Stanton, N. M the United
8tates Naval Hospital at aih Anlinns.
Colo., and live special hospitals for
Indians on different reservations In
tho West.
Apiirt from those Institutions, and
a few special pavilions at prisons,
hospitals for the Insane and some
other public Institutions, a grand to
tal of 200, the Institutional care of
tho consumptive Is left to private
phlliinthropy. With 200,000 deaths
from consumption every year, and
more than that number of living
cases too poor to pay for their care
In private Institutions, tho National
Association says that unless the cities
counties and states realize their duty
and provide adequate local hospital
accommodations for these consump
tives, the disease can never be
tamped out.
o
Foley Kidney Pills are specially
useful In all ailments and disorders
of the kidneys and bladder, because
they are composed of Ingredients
apeclally selected for their correc
tive, healing, tonic, and stimulating
effect upon thcBe organs and the
nrlnnry passages. They nre antisep
tic, antlllthle and a uric acid solvent.
Try them.
lied Cross Pharmacy. (II. Jormau.)
WILL GIVE FRANCHISE
TO FIRST BAILKOAD
Marshfield. Or. July 10 -The city
council of Marshfield haa decided to
grant a streetcar franchise in trust
to be held and delivered to the first
r.-.ilroad coming to Coos Hay. This
arrangement will be carried out If
the same plan la taken up and ap
proved by the North Bend city coun
cil. J. M. Uiake had a franchise for
an electric road In this city but it
expired July 1. The Marshfhld coun
cil has appo'nted a committee to
meet with the North BeDd council.
It is believed that if an electric line
franchise Is offered It will be an In
ducement for a railroad.
SUPREME COURT DECISION
(Continued from Page 3.)
IMPROVING TiIE
STATE FAIR GROUNDS
The State Hoard of Agriculture has
decided to lay a hard surface pave
ment from the main entrance of the
state fair grounds to he depot, and
work In laying It will commence
soon.
The beard has also decided to tr-ar
down one of the old race horse barns
and build a new one and also to gen
erally repair the administration
building. Workmen will also soon
begin the work of digging new
wells and enlarging the present
water pipe system.
TO INVESTIGATE TIIE
PACIFIC RAILWAY
For the purpose of making an In
vestigation of the Pacific Railway &
Navigation company, Chairmnn
Altcblson and Commissioner Camp
bell, of the state railroad commis
sion, left for the coast today.
The road Is a new one and hear
ings will come up soon on complaints
filed with the commission relative to
Its rates. It Is for the purpose of
obtaining Idea of the conditions un
der which It Is necessary to operate
the road so that they may deal In
telligently with the rate questions
when they come up that the visit is
bi'ing made by the commissioners.
JOHN W. ELLSWORTH
TAKES FRENCH LEAVE
While the authorities at the asy
lum have notified the police of all
cities In the county, and also In those
of adjoining counties they have not
yet been able to apprehend John W.
ICllsworth who escaped from the In
stitution Saturday.
KllBworth Is an ex-newspaperman
of linker, and savo the fact that he
Is a moral pervert he Is not consid
ered dngerous. He was given the
privileges of the city during the fair
Saturday and availed himself of
them by mnklng his escape.
It Is only chance thai It Is almost
always mere males that nre victims
of the terrible hat pin?
Firemen's Insurance Co.
Organized 1865
Statement on January 1,1911
ASSETS
Bonds and mort
gages $2,485,
Stocks and bonds., 2,399,
Olllce building 800,
Cash on hand and
In bank
Agents' balances .,
Interest and rents
due and accrued,
and all other assets
72
31ti,
,850.00
572.50
000.00
823.S2
597.22
LIABILITIES
Capital slock $1,000,000.00
Reserve re-Insurance
fund 2,037,952.60
Reserved for un
paid losses and all
other liabilities ... 241.490.2li
Net surplus S,S 1 1,939.11
4C.52S.73
$0,121,382.27
Surplus to Puller Holders
$tl.12US2.27
1 1,939. II
the redemption should be equally
broad. The important question,
however. Is whether plaintiff should
be allowed to redeem at all.
The defendants here urge that the
1.1-lllf C Bnalflnir trt OTlfftrrP A Stale
I ptHlUlllL lO arrniMS iw "
claim, and that, as such, its former
right to redeem should be barred.
Th ilaintiff rontends that It is
'merely asking for an accounting be
tween It and the defendants, wnom u
styles "ia tenants lu common ". for
'lie ren's and profits of the lands ac
cruing since the death of Mrs. Mc
Cullough and the extinguishment, by
that event of her life estate, hut as
we have sen, the bill cannot be en
tertained for such a purpose. The
plaintiff's interest In the real prop
erty in question arose at Iea3t whm
the w!U of McCullough was probated.
At tha tt'.me plaintiff had such an
estate in the land as residuary devi
see that It might have paid to Kees
tha amount due upon the mortgages
even before suit to foreclose and
thus extinguish them. Nothlnp, so
far as appears by this record, ever
i arose to prevent such action on the
I part of the plaintiff. The life estate
I of Mrs. McCullough was no obstacle
to prevent plaintiff's redemption for,
being a tenant In common with her,
it could have charged her with he'
proportional part of the redemption
fund It was more than 14 years af
ter it thus became entitled to redeem
from the effect of the Kees mort
gages until the plaintiff Instituted
this suit.
Tn the settlement of the McCul
lough estate, the plaintiff was served
with citation on the 6th day of De
cember, 1894, to show cause in the
county court of I. Inn county why
these very premises should not be
sold for the satisfaction of claims
against the McCullough estate.
Prior to the Kees foreclosure It was
notified by correspondence with J.
M. Sinners, an attorney, of the situa
tion and was Importuned to make
some provision for the payment of
the mortgage, but declined to do so.
So far as the records appear it made
no answer to the citation to show
cause why the land should not be
sold at administrator's sale. It was
certainly by these facts put upon its
inquiry as to Its Interest in the lands
as early as December 6, 1894, the
date the citation was served upon it.
The general statute of limitations
for the recovery of real property Is
10 years. I,. O. U Sec. 3. While
courts of equity are not bound strict
ly, like courts of law, by the statutes
of limitations, yet equity will act by
analogy under their restrictions and
tho rule is that when suit is hi ought
after the statutory time, the plaintiff
must plead and prove that laches on
its part do not exist, and the facts
must be specified and precisely
pleaded. Wills v. Nehalem Coal
company, 52 Or. 91; Wilson v. Wil
son, 41 Or. 459.
There Is no reason assigned In the
complaint why the plaintff did not
act promptly in asserting Its claims
to the lnnd In question. Meanwhile,
the land has passed through several
hands to the present defendants.
Some of the parties connected with
the transaction are dead. The testi
mony shows that Kees, the mortga
gee under whom the defendants
claim, is also dead, and his estate
finally settled. Tlie delay of plaintiff
has certainly worked to the prejudice
of the persent holders of the lands,
If Its contention is to prevail here.
I-ong after their grantor's death they
nre assailed by a claim which could
have been urged over 14 years ear
lier. The plaintiff now claims under
the alias "Congregational Seminary
jut Forest Grove," which it would not
recognize when cited in the county
court and, while Its conduct in that
I proceeding does not operate as an es
i topnel, not having been pleaded as
such, still it is a circumstance which
i stronglv Imputes laches to the plain
tiff, l lie testimony shows that the
land brought as near what It was
worth as could he expected at a
forced sale. It has advanced in
value, not only on account of the de
velopment of the country In general,
jhut also by reason of the improve
ments made upon It by the present
holders in establishing their homes
upon it. If the plaintiff would reap
: where It has not sown. It should have
(begun sooner. The laches render It
Inequitable now to allow the present
i defendants to be ousted by a claim
so stale.
! The decree of the circuit court
! should be nnersed and the suit dismissed.
C. H. WARD, General Agent.
Pacific Coast Department.
E. H0FER & SONS, Agents
Salem, Oregon. 213 S. Commercial St. .Phone Main 82
Electric Rubber Hose
costs a little more than ordinary hose.
It latta three times as long.
It will not crack, split, kink or burst.
Processes of nuking Electric Rubber
Hose are protected by U. S. patents.
Imitation has to cease where durability
and efficiency begin.
Don't buy your gs-rden hose untl1
you let us demonstrate to you the
wonderful qualities of the hose that
can't be duplicated o' equalled.
SALEM HARDWARE COMPANY
STATE NEWS.
!
Kenneth Cunniff, a pioneer of
Gold Beach, Curry county, died at
his home there Saturday. He settled
In Curry county in 1857.
Wasco county has expended $10,
000 this year on permanent road im
provements, and will spend $10,000
more this fall.
Ex-Governor Frank Hanley, of In
diana, spoke at Albany yesterday,
and there was a big crowd to hear
him, many going from Salem.
Hood River real estate aggregating
$140,000 in value changed hands
during the week.
A rattlesnake nearly five feet
long and wearing 22 rattles, was
killed near Grants Pass Saturday.
Mrs. F. W. Collins, a Portland wo
man, who was on the wrecked steam
er Santa Rosa, has gone crazy from
the shock and exposure.
Mr.Minnville has let paving con
tracts aggregating $120,000.
Fred Ryder, 9-year-old. was
drowned in Columbia slough, near
Portland, Sunday.
.Mayor Rushlight will probably
"disband" the Portland police band.
A screen door, slammed shut by
the wind, knocked the 3-year-old
baby of Mr. and Mrs. S. Potts, of
Grants Pass, into a tub in which its
mother had just poured a .lot of hot
water, preparatory to washing, scald
ing it so badly it, may not recover.
Drillers tapped a fine supply of i
artesian water at Bend recently, at
a depth of 327 feet.
The new cannery erected by the
union fishermen of Grays Harbor is
about completed.
SA liKM'K POSTOFFICE
SHOWS STltOXG GAINS
Dals
Portland's Popular fire-Proof
Hotel
THE OREGON
The House of Comfort Combined
Willi Elegance
Our Rathskeller Grill finest dining service in
city, with Hawaiian orchestra from 6 to 12
Di nil
Most perfectly furnishnH. mDMn
j , , wvl ""uuuuc L Ucll
mrtlWn hnplntrl. : ..... . K-HVlAI
111 "waici'j in in" metropolis of trie
Northwest
WRIGHT & DICKINSON HOTEL CO.
Owners and Managers
Also Operating Seattle Hotel, Seattle.
v. .lounuil I'ulilMiliiL' ('
: Mulliiiuiiiili County.
I.. M. Davis, nppellunt, v. Journal
Publishing company, respondent. Ap
peal from the circuit court for Mult
nomah county. The Hon. R. (1. Mor
row, judge. Argued and submitted
June 22, 1011. .1 V. Iioothe (and Wil
liam P. Richardson, on brief) for ap
pellant. John II. Stevenson (and
John V. Logan, on brief) for respon
ds t. Mellride, J. Affirmed.
This is nn action for libel. The
circuit court at tho conclusion of
plaintiffs testimony granted a non
suit mid plaintiff nppeals.
Mi'ltrlde, J. We have carfullv
read nnd considered the testimonv in
ibis case nn.l arc of the opinion Mint
the court below ruled pnrroi'tlv tn
.granting n nonsuit. A discussion t,f
i the facts in this opinion would sim
p!v encumber the reports with mut
ters of Interest only to the parties
I and useless even to them. The judg-
: ment is affirmed.
Old Soldier Tortured.
"For yearn I have suffered un-spp-ifcabV
torment from Indigestion
constipation and liver trouble''
wrote A. K. Smith, n wnr veteran at
rli Pa., "hut Dr. King's Now Life
Pills fixed me all right. They're 8m.
M- great." T-y Uien. for anv ..tnm-
a, i,er or nidnev trouble
, - 5c at J. C. Perrv'!
Postoffice receipts for the year in
Salem reached a total of $64,030,
according to figures just compiled by
Postmaster Farrar. The receipts for
the preceding year were $50,059.70,
showing an increase of practically!
$14,000. In 11)06 the receipts were!
$32,014, five years being required I
to Increase the receipts 100 per cent.'
This establishes Salem again well j
in second place for postal receipts in
the state.
"The report from Eugene that Eu-!
gene, with $36,592, is crowding Sa
lem for second place seems to be un
founded from the figures presented,"
said Postmaster Farrar.
0
THE ONLY WAY.
Jinny Salem Citizens Have Discov
ered It.
Just what to do when the kidneys
are affected, Is a question that con-1
corns both young and old. Weak
kidneys neglected in childhood lead '
to life-long suffering. People of ad
vanced years, with less vitality, suf
fer doubly. In youth or age, lan
guor, backache, urinary irregularity,
dizziness and nervousness make life
a burden.
There Is one remedy that acts di
rectly on the kidneys. Doan's Kid
ney Pills owe their world-wile fame
to the fact that they are reliable.
Follow the example of this Salem cit
izen nnd you will be convinced that
this Is so.
John Conger, S45 X. 17th street,
Salem, Oregon, says: "Donns Kidney
Pills have been used In my family
with great benefit. I also know of
other people who have taken this
' remedy for kidney trouble with the
' best possible results.'
For , sale by all dealers. Price. 50
cents. Foster-Milburn Co., Buffalo.
' New York, sole agents for the
i'nited States
I Remember the name Doan's and
I take no other. '
I o
I Teething children have more or
less diarrhoea, which can be con
trolled hy giving them Chamberlalu's
; Colic. Cholera and Diarrhoea Reme-
i dv. AH that Is necessary is to- give
tne prescribed dose after each opera
It'on of the bowels more than natur
al, nuu uit-u i.tsior tin id cleanse tne
i system, it Is sate nnd sure. Sold
by all dealers.
Only
Sol os i,vt Mvsiory
'I want to ihnv.k y.ui from" the hot
torn of ,y heart.' wrote O. H. Rader,
of Lewlsburg V. V. "for the won
detful doulVo benefit I pot from Elec
tric Hitters, in curing m, both of s
severe case of stomach trouble and
of rheumctlsm, from which I had
been an almost helpless ufferer for
on your It s.utod my case as
thoi-gh made just for me." For dvs
Persia, indigestion, jaundice and to
rid the system of kidney poisons that
cans., rheumatism. EJec rlc nB'un
h. no equal. Try them. Every bot-
50;.rC.TrTyV a
Laws cannot provide adequate or
fit punishment for every sort of of
fence; a law might, however, provide
a much severer punishment for the
abominable; scoundrel who sella co
caine to boys.
. o
Kidney Diseases Are Curable.
; l niter cenmn conditions. The
: right medicine must be taken before
jine disease lias progressed too far.
Mr. Perry A. Pitman. Dale. Tex., savs:
"1 was down in bed for four months
with kidney am! bladder trouble nnd
gall stones. One bottle of FoleVs
! Kidney Remedy cured me well and
sound." Ask for It.
Red Cross Pharmacy, (II. Jerman.)
! n
At Peverly. President Taft per
haps enjoy the misery of congress
in v asnington.
Children Cry
FOR FLETCHER'S
CASTORIA
German Building Society
Mutual Prof it Sharing Plan
Of Co-operative Investment
In order to secure a home for the German Society of this city a ten-acre tract
of land has been secured adjoining the city limits on the south, throe blocks from
the car line, and suitable for platting. ,
It contains a comfortable home for the society to hold its meetings and when
laid off into lots will net the society about one hundred per cent profit on the
sales of the same at a very conservative estimate.
Stock subscriptions at ten dollars per share are being taken to pay for this
land, which has been bought of the owner at first hands, and 40 per cent of the
profits, besides six per cent interest on the stock, will go to the stockholders.
The remainder of the profits, above cost of sale and improvements, will be used
for establishing a home and park for the German Society.
In 1909 the German Building Society purchased a piece of property on this
plan and netted the stockholders over 90 per cent and paid six per cent interest
on the stock annually. In eighteen months the property was disposed of and the
profits divided among the shareholders. .
All the shareholders received their share of the transaction, and were so high
ly pieased with the undertaking that they have started this movement, and al
ready over $3000 of the stock of this second undertaking is subscribed
The subscription is open to any one, whether members of the society or not, in
amounts from one share up to one hundred, as no.one person is allowed to have
more than ten per cent of the total issue of stock, which is limited to ten thou
sand dollars. Only half that amount is needed to handle the property, and prob
ably no more stock will be issued.
There will be no watered stock, and no stock issued but what
is used to buy the property-no promotion stock, or commissions
on sale of stock or any of the usual methods of stock jpbbing.
Checks Prove Profits of Co-operative Investment
The stockholders in the first co-operative investment made by the. German
Buildina; Society received six percent interest on their stock and over NINETY.
PER CENT PROFIT ON THEIR INVESTMENT BESIDES,as the checks printed be
low will prove. These profits were made in eighteen months,
MUTAL PROFIT SHARING IS THE SAFEST WAY FOR THE INVESTOR, SMALL
OR LARGE to make a safe investment on which he cannot possibly lose money.
The shareholder is the owner of the property which advances in value, and the
value is there and cannot get away from the investors share pro rata in the
profits, The share is a deed to the property for the amount invested,
Fac simile of the'way shareholders in the German Building
Society made ninety per cent besides interest" on their
original investment which was paid annually.
SUBSCRIBED TWO SHARES rROFIT ON $20 WAS $18.23.
Pay to the Ay of -fft
to Unilcd Slates National Bank.
Salem. Oregon.
GEBMMf BUI Ultra soc
rBOLLAHS
SUBSCRIBED ONE SHARE PROFIT OX $10 WAS $0.12.
No
Pny lo the orde
. y 1 "
4- -
to United States National Bank
Salem. Oreoon
Dollars
SI BSBCRIBED F1FT1 SHARES p
ROFIT OX $500 WAS $155.84.
Salom.Orortmi
To United Slates National Bank ) CE-x mildimg soc.
Salcm.Orcgon
19.
' Dollars
v" """'y -.alien over tne sooner will th rnmminn. uely action,
er you will get your money back. Mr. John Stellman te treasurT ? "J? on lt' and the -and
was rotary of the first investment made by this society H ta ,SElem Germaa Soc'ety.
0a:lh.fme 18 a Scanty of integrity and TilhSoTrn2fcen 0Ithe committee.
ouum.iiuei-. - "'" lor me nroterttnn nf Mi
SUBSCR1PTIOX BLANK.
ill . t . Salem, Ore,, iqii
I hereby subscribe for shares ofVtnrHn thi rar
man Building Society, Incorporate Jen Dollar, Vr &
same payable on or before September 1 191 lha
part, of total subscription including wa ver of notice of stork
lolders' meeting, and election of officers.
THE GERMAN BUILDING SOCIETY, Incorporated.
ffi ,?,TF,LkMAN' Treasurer,
FRED W. HEYSER,
J. LAHLERS,
Committee.
86.
Btl
le:
in
te
4