Daily capital journal. (Salem, Or.) 1903-1919, July 11, 1911, Image 2

Historic Oregon Newspapers

Daily capital journal., July 11, 1911, Page PAGE TWO, Image 2

Image provided by: University of Oregon Libraries; Eugene, OR

About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (July 11, 1911)

Prev Page of 8 Next Prev Issue Next Text PDF JP2 (3.7 MB) Clip/Print Image

Return to Top

Prev Page of 8 Next Prev Issue Next

Newspaper Page TextDAILY CAPITAJ OrRXAU MIXM. OREGON. TUESDAY, Jl'LY t&CM TWO SUPREME COURT UNTANGLES A BADLY MIXEDWILL CASE The Main Contention Was as to thi Devisor's Intention The Lower Court Is Sustained jn Part, the Decree Being Modified It Looks to the C ommon, Everyday, Non-Legal Minded Citizen Like the P arties Had Slept on Their Right, But the Court Justific s the Nap. Arc You Looking For the Best Orchard Development Proposition in Oregon? We have it. , Call and see us. THE CAPITAL JOURNAL R. M. HOFER, Manager E. HOFER. Editor nJ Prof ri.tor. PablV.rJ Every tmbr Ept Sundr. " SUBSCRIPTION HATESj OnwUbly In Adnw") Brfr.br &rrl.Pry P" """i " vn. rM.,l rmr 4.10 Per mcnth- . 5Cc .sne ki. h. MsiL par l Bl 1 " 2 LEAitBO WIRE TELEGRAPH BEPOOT Stew. i fit. -"Hi . . Ui'i 'ji!iiiiiiirr,V.s NEPOTISM IN LEGAL DEPARTMENT. If the papers report it correctly, there is an office called sec ond Assistant Attorney-General. The but legislature was cajoled into creating the office for a lobbyist who was slated for the job. After a brief discussion the j')b was exposed and killed in the house by Representative Mahoney. But it was lobbied back into life in the senate, and in the last days, as usual, the house concurred in the job. But there was stink enough about it to make it unpopular to appoint the gentleman who worked it through. That not only would have been rank coercion of the legisla ture, but would have been in violation of the corrupt practice act. Now it transpires that a son of the attorney-general is the Becond assistant, and he is rendering opinions for the people. The pleasant duty of providing for one's own is a virtue, not monopolized by Christians, but was cultivated by the heathens. The attorney-general is not the only public official guilty of providing places for relatives. That is possibly his only excuse, but it is a demoralization of the public service, just the same. The people do not elect families to office, even though the of ficial aristocracy seem to think so. o BUILD THE BRIDES, GENTLEMEN. There is a general feeling thatthe city administration should go ahead with the money it has and build some bridges. At various estimates the city treasurery has from six to eight thousand dollars on hnnd for bridge purposes. Let the city administration show its ability to expend money on hand in good, workman-like manner for bridges. Six to eight thousand dollars will build a great many concrete piers, and the bridges can be covered temporarily. Afterwards concrete girders can be put on and the coverings made permanent on all streets permanently improved. There has been too much money spent on plans and specifica tions before there was any money to go ahead with. The city is paying out a great deal of money for engineering and advertising, with nothing accomplished. Let us have more work and less talk and newspaper announce ments of what is going to be done, and more work. OLCOTT REDUCING THE GRAFT. HILL SYSTEM MUST MAKE GOOD. Secretary of State Ben Olcott deserves commendation for re ducing the extravagant propensities of his office. He discharged a number of merely political strikers for what there was in it, and reduced salaries. He has practically abolished the office of assistant secretary of state, and is doing a lot of that work himself. He reasoned correctly if the office could run for years without the secretary, when it had a secretary it could run without aa assistant. One place or the other was useless, and there was no excuse for an office that no one had to be on hand and perform its du ties. He has reduced the payroll inaddition by about two hundred dollars a month, because employes were overpaid for their work. . The fact is people expect to get about two salaries for doing work for the state, and that is called politics. Very few persons in the public employ could get anywhere near what the state pays them, besides the honor of working for tho state. This is a common sense business proposition, and Secretary Olcott is entitled to praise for hi efforts to treat the taxpayers right. power to Everybody lias been boosting for the Hill system in Oregon, and especially at Salem. But the indications are that sentiment is changing, and it is up to the Hill system to make good. In one week one of the most liberal franchise was given the Oregon Electric company. hverybody was ready and willing to do all in thei help the road get through to Albany this summer. A franchise for three or f n,r miles on several streets was -riven the company for practically nothing. Then, for some reason, Sreevens resigned as president, and there was a change in methods of dealing with the people. Litigation was begun over small differences on right of w iy matters, and prominent business men were treated like children The result is that all right of way cases with business men are being contested in the courts, ami will be fought bitterly , u nnj, or tne contracts made for right of wnj u"vc" uv n mey will expire on the 22d of July The ordinary citizens prefers to let his ease go to a jury o.u "l,u u-v incompetent and irresponsible agents The Itll system will have to do a lot of making good in th next sixty days, or suffer general unpopularity. The first prize in tho comic parade was awarded the 0 E Co OREGON SUPREME COURT DECISIONS rail Text PoblMed by Courtesy of F. A. Turner, Reporter of the Supreme Court Present and Trustees of Tualatin Academy and Pacific University T. Keene, et al, Linn Comity. The president and trusees of Tua latin Academy and Pacific Univers ity, respondent, v. Emma A. Keene, R. G. Keene her husband, Charta 0. Zimmerman, and Florence S. Zim merman, his wife, Ida H. Wickham, Lafayette Townsend. Samuel M. Gar land as administrator of the estate of M. I.. Zlgler, deceased, F. P. Bod well, and Ora M. Bodwell, his wife, Mamie L. Burkhart, guardian, Alma U Al len, and E. E. Furgeson, Belle C. Ferguson and J. A. Ruyter, partners doing business as Ferguson & Ruy ter, appellants. Appeal from the circuit court for Linn county. Hon. William Galloway, judge. Argued and submitted June 8, 1911. Milton W. Smith for respondent. H. H. Hewit for appellants. Moore J. Modified. This suit involves a controversy relating to the foreclosure f a real estate mortgage. The facts are that on November 1, 1887, Robert McCul lough and C. M. Talbott gave to Ja cob Kees their promissory note for $1)00, maturing In one year with In terest at the rate of 10 per cent per annum until paid. The note con tained a stipulation that if suit should be commenced to collect any part of the sum named, tho makers would pay a reasonable sum as at torney's fees. In order to secure the payment of the debt McCullough and Talbott and their wives executed to Kees a mortgage of all the north half of the donation claim of Wm. Klum and wife In I.lnn county, ex cept about 50 acres thereof which had been conveyed to Ezra Fisher. The mortgage was duly recorded and at the time It was given McCullough and Mrs. Talbott, as tenants in com mon, were the owners in fee of the premises. McCullough died testate December 13, 1802 and his last will having been admitted to probate con tained a clause as follows: "I give, devise and bequeath the use of all the residue of my property both real and personal to my beloved wife, La- vlna H. McCullough during her nat ural lifetime and to be disposed of as my executor in his judgment, the probate court concurring, think best, and at the death of my wife, I.avina II. McCullough, all that remains of my property shall go to the Congre gational Seminary at Forest Grove In Washington county, state of Oregon." The plaintiff herein is a corpora tion as the "President, and Trustees of Tualatin Academy and Pacific Uni versity" at the time the will was made was engaged In conducting a I I nngrogntlnnal Seminary at Forest Grove, Washington county, Oregon and is and was known by the latter name and also by Its corporate title. Without making the corporation a party Kees commenced a suit to foreclose I he lien of his mortgage, al- J legtng as a second cause of suit tliut trntion wives had sold and conveyed a part of the mortgaged premises, and had also executed a bond for a deed to another part, designated on a plat submitted with the briefs as tracts numbered 1 and 2 respectively. Af ter securing the sheriffs deed, Kees and his wife executed to the respec tive purchasers of such tracts deeds confirming their titles, which con veyances satisfied the foreclosure de cree as to such lands, receiving from the claimants of tract numbered 2, $350 which sum remained due Mc Cullough and Talbott on account of the purchase price. These parcels of land were disposed of before the will was made and are not Involved here in. Kees and his wife on July 14, 1896, in consideration of $1200, exe cuted to the defendant Emma A. Keene -a quit-claim deed to tracts numbered 3 and 4, containing 91.15 and 103.02 acres respectively, and on October 5, 1896, he and his wife In consideration of $100, also executed to Mary Zlgler and Ellen Zlgler a quit-claim deed for tract numbered 5, containing 16.68 acres. This latter tract is now owned by the defendant Charta O. Zimmerman and with other lands was mortgaged by him for the sum of $650 to M. L. Zlgler who hav ing died, his estate is represented herein by the defendant Samuel M. Garland as administrator. Emma 'A. Keene and her husband on October 31, 1899, in consideration of $1200, executed a deed to tract numbered 3 to Martha M. Wickham who mortgaged the premises to the defendant Lafayette Townsend to se cure the sum of $1200, and Mrs. Wickham subsequently conveyed the land to her daughter, the defendant Ida B. Wickham, now Mrs. Jones. Mrs. Keene and her husband In order to secure the payment of $1000, exe cuted a mortgage to the defendant Mamie L. Burkhart, guardian of the person and estate of the defendant Alma L. Allen, a minor. The defendants, E. E. Ferguson Belle C. Ferguson and J. A. Ruyter, partners as Ferguson & Ruyter, ob tained a Judgment against Martha M. Wickham now deceased for the sum of $340, and the costs and disburse ments taxed at $19.95. Mrs. I.avina H . McCullough died October 28, 1900 when she was about "2 years old, and within six years thereafter this suit was Instituted, the complaint stating the facts in greater detail than hereinbefore given, and adverting to the second mortgage described in Kees' fore closure suit, avers: "That plaintiff is advised and believes and therefore alleges the facts to be. that said Rob ert McCullough never made or exe cuted any such mortgage as the one last above referred to." The com plaint herein furtrer alleges that no part of the real property described in the mortgage executed to Kees was ever disposed of in any adminis- Celebrsted Ltmr Turmr. The Best Heater It will save you w-tey every day 7 own It. I ell w o natal' the bwt i.et mo give you figure. See Me Afcout an individual lighting plan! for your home. The beer thing li the market for -ooklng and lighting. A. L. Frasier Phor.e 136. 25t Btate BtrM 1 FRENCH FEMALE PILLS. A S.Fi, Ciirr.m rlttii tor Sprr who Mbottto. RfV IN0WH TO FAIL 8fel Si"' v7 ' 8l"': for 11.00 rr bo. Will lend Ibrm on IrHl.to or r"" "' wbro rdlrrrd. Sunpln Krre. If jour innjlit ion not t tb.m wna jour oniert 10 io ITtO MILICt CO., 0 T, UoTt, . Soli In Salem by Dr. S. C. Sfont The A. C. BOHRNSTEDT CO. 304 U. S. National Bank Bldg. SALEM, OREGON Bead OnVe, Minneapolis, Minn. Branch Offices i Jfacleaj and Creswell, Oreg. Salem Fence Works ; Headquarters for Woven Wire Fencing, Hop Wire, Barb I Wire, Poultry Netting, Shin- T gles, Malthold Roofing, P. A. t B. and Ready Roofing. Screen T Doors aud Adjustable Window 1 Screens. All at the lowest prices. 4 CHAS. D. MULLIGAN 250 Court street. Phone 124 Salem's most poi'lar taurant res- THE WHITE HOUSE We cater to the public who demand a good meal for a small price Wm. McGilchrist & Sons. Gold Dust Flour Made by (be MVDMtiV Mad' tit Fnnillr POWKH font grK:er (or a. Kra hin vlwBjr baa. P. B. WALLACE, Agt. More Endorsements For Cement Sewer Pipe "We have built a large number of sewers with concrete and the results have been entirely satis factory." Geo. S. Webster, City Engineer, Duluth, Minn. "We have about 32 miles of ce ment pipe in use. Most of this pipe has been in use from 17 to 24 years, and has glen good re sults. " G. Ilstrap, City Engineer, Minneapolis, Minn. "Concrete pipe sewers made with natural hydraulic cement have been in use for 40 or more years and are still In good condi tion." Editor "Municipal Engi neering," issue'of November, 1910. You will save money and get the best pipe If you see us before buying. Salem Sewer Pipe Co. rhone 14 INC. 2li." So. Liberty St. t4tt "Economics" Wc Can't Afford I In one sense, we could save money by using cheaper soap than the very best, by using cheaper starch and lower priced employees, 1 etc. 4. But the 6avlng at most would be only a fraction of the resulting t loss In reputation. T You can count on the fact that we practice no "economy" that takes It out of your clothes. r We aim to do the finest laundering possible, second to none. Our I patrons tell us we succeed. You will like our work. Try It Low- f est prices guaranteed. T SALEM STEAM LAUNDRY, t PLone 25. 136-166 SOUTII LIBERTY STREET uiuin Met tl 11 rm ir n s t'St:itp on August z.i, l.s'.ii, Talbott and JIc- "llu lni" s,lcl1 testator men siezeu of i an undivldi d have boon to SI'MT, Hltmi K, M IX i.m. AM COMM. lYum Dmuiruff, Which U CaiiMMl lijr a (iorrn. Split, hair, hard hair, Itmterl.M ir. brittle, hair. falHu hP, si 0W, thetlr origin to dandruff, which Is wuh1 by a measly little microbe that bnrrowa Into the scalp, throwing up the cutlcU Into dandruff scales and wpptng the vitality of the hair t thr root, causing- the several diseased eoadlUoui o the hair till It finally Wta out. Modem tctence has dl- covenM it remedy to destroy the dan druff microbe, which Is combiner wbro's HorplcLl.,, the doleful Imlr dressing. Allays Itching . otantly and make hair as soft us llk. Take no substitute; nothing "Just as good.' Sold by lending ding. Rlsts. Send 10c hi stamps for sample to The Herpicldo company, Oetroit, ."en. tine dollar bottles te'd. J. O. I'erry. gnnran- Junctlon City votej down a pro pose dlssu of $17,000 Improvement bonds. ('ullougli gave hint another promis sory note for $Ti, maturing in n year with Interest at the rate of 10 per cent per annum until paid; that the note stipulated for the payment I of a reasonable sum as attorney's I fees In case suit were instituted to j collect any part thereof; that to se j cure the payment of that note the I makers thereof ami their wives, also executed to hint a second mortg tho same premises, but such sealed I Instrument after due and diligent .--eai'cli could not be found, was lost nnd never had been recorded. A de cree was rendered In that suit estab lishing the second mortgage, fore closing both and awarding to Kees on the note executed November 1, 1SS7, the sum of $74t!..TT and $S0 as attorney's fees and on the note given August 25, 1S1. $S2S.S.l nnd $S0 as attorneys fees besides $S ",0 as costs and disbursements with Interest on the amount of each note from June 27, lSi4. when the decree was given, until p-.ld at the rate of 10 per cent per year and Interest at the rate of eight per cent on the sums awarded as attorney's fees. Pursuant to the decree the premises were sold as an entirety August t, 1SH4 to Kees for $900 and after deducting therefrom $31.40, as accruing costs, the remain der was credited on acunmt of the Judgment. The sale having been duly continued and no redemption made or offered, the sheriff executed to the purchaser a deed of the premises. Frior to the making i-f the will. McCullough and Talbott and tlielr one-half thereof; that the foreclosure suit and the sheriff's deed made in pursuance thereof transferred to Kees only the undivid ed one-half interest In the premises formerly owned by Carrie A. Talbott and also the life estate of I.avina II. McCullough; nnd that plaintiff Is ready, able and willing to pay such sum, if any, as may be equitably due of, and chargeable against Its undivided one-half of the land, but is unable to ascertain such sums, If any, or to what defendants any part thereof should be disturbed, to determine which a discovery and an accounting are necessary respecting the amount o ftaxes paid, and the value of the rents, issues nnd profits of the real nmerty received by the defendants since the death of Mrs. McCullough. The defendants, Kninia A. Keene U. (1. Keene, her husband. Mamie L. Utirkhart guardian, and Alma I.. Al len, the ward, Jointly answered, si t ting forth the facts applicable to tract numbered 4 as hereinbefore stated, and averred that after the purchase of that part of the land by Mrs. Keene she Immediately took and has constantly held adverse posses sion thereof under a claim of right for more than 10 years prior to the commencement of this suit, believing herself to be the owner thereof In fee, and that with plaintiff's full knowledge of her assertion she had paui taxes aggregating $2rtJ.2S which had been Imposed on the premises. DEPOSITORS Are requested to present their pass books and have the semi-annual interset due July 1st, credited to their account, All savings accounts now draw Four Per cent interest, Savings Department Capital National Bank (Contlnul on page 3.) SALEM BANK & TRUST CO. GEXEHAI, BANKING AM) TKl'ST BUSINESS ith 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 con s stent with good banking prin ciple, or" WE PAY FOl'R PEij raxT OX SAVINGS Ulierty Street. Jus, off state J. h. AHLERs, President. W. G. EAST. Cashier S. S. EAST, Vlce-Pres. DR. L. B. STEEVES, u H. ROBERTS, Directors. Garland Water Heaters THE WORLD'S BEST lTketT"&" Gas Water Heater line me uai(IiA.M)" has to ha ovnon,mj i ..n ,ij There, in no artMc n, l" " lu"y PPi:ib.wu. much en,,ine f, E " ro.r tn. nse, u pieaauie, nor elves as ta 41ii ha V- I 1 TJZf ??y -sUnilTat ycmana: the facilities of such a heater. elusive mer 'of0, the , 19 basedl uPn eemine ex- and T ts roHabli It I TV rUw,ln: the Potion of its operation 7s In short aCrfi.erd 1water.fro" "a copper coll is Impossible. It ism that Invarh Vl0Ce 0 8clentlflcally constructed mechan ism that Invariably gives maximum results at a minimum cost. Let ns show yoo one todaylNSTALLD FREE GUARANTEED :