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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Oct. 11, 1911)
PAGE FOUR DAILY CAPITAX JOUR.VAL, SALEM, 0KEG05, D A3SOLU7ELV PURE The only Baldno Powder & made Irom Royal Grape Cream of Tartar Saves Butter, Flour, Eggs, and makes home baking easy No Alum No Lima Phosphate OREGON SUPREME COURT DECISIONS Fall Text Fiblhhed bj Coarteir of F. A. Turner, Reporter of the Supreme Court Lnrson Spun dc v. Western I.lfo In domnltr Co., (lntsop County. Decided September 26, 1911. H. A. LarHen Spiinde, respondent, v. Western Life Indemnity Company, a corporation, appellant. Appeal from the circuit court for ClatHop county. Hon. J. A. Kiiktn, Judge. Submitted on briefs. Kdward and A. II. Mendenliall and John H. and A. M. Smith on brief for appellant. C. M, and 0. C. Fulton on brief for re spondent. Burnett, J. Reversed. After alleging the corporate char acter of the defendant and its au thority to conduct the business of life Insurance lnjhe state of Oregon, the complaint recites that on August 2S, 18X8, the Washington Co-operative Life Insurance Association was organized and doing business within the state of Oregon as a life Insur ance association on a nintiinl benefit plan, and itatei "that on that date the Bald Washington Co-operative Life Insurance Association, for a good and valuablo consideration, ex ecuted nnd dollvered to this plaintiff a 20-year endowment nnd Insurance upon the life of this plaintiff, agree ing to pay plaintiff, should ho live 20 years and pay his assessments, the sum of $2.0(10; or If hn should die be fore the expiration of said 20 years lo pay his beneficiary, plaintiff's wife, the Bum of $2,000." According to the complaint, about September 10, 1898, the Washington association above named was re-organized under the name of the Order Of Washington and on September 20, 1904, with the consent of the plain tiff, the Order of Washington took up the original certificates of insurance Issued to him by the Washington Co-operative Life Insurance Associa tion nnd Instead thereof Issued to him another benefit certificate of life Insurance and 20-year endow ment, in words and figures follow ing, to-wlt: "Issued in lieu of Washington Co operative Life Insurance Association certificate number 24."), dated August 28, 1888. No. 245 Age 30 years Life Kxpectaney Monthly payment 20 years $1.C0 Certificate of Membership Issued by the Supreme Union, the Order of Wash ington Portland, Oregon. Twentieth Century Endowment De partment. This Certifies. That II. A. I.nrsen Spande baa been accepted and ad mitted as a member of Home Union Xo. 1, located at Portland, State of Oregon, and that In accordance with, and under the provisions of the laws of the Order, he Is entitled to all the rights, benefits, and privileges of membership there, and the Order of Washington agrees that after the maturity of this Certificate of Mem bership, occasioned by the death of the member, or otherwise, one as sessment on the Life Benefit mem bership collected for said fund not exceeding In amount the sum of Two Thousand Dollars, Will be paid as a benefit to Emily Weokollne Iarsen Spande bearing relationship of wife, which sum shall, after the surrender of this cer tificate and satisfactory proof of death, or upon proof of the maturity of this certificate otherwise, shall have been furnished be paid In ac cordance with the laws of the Order; provided the above named member shall be In good standing In that Or der at the time of death or at the time any benefits may accrue, and provided that he or she shall have in every particular complied with the Constitution, Laws, Ritual. Rules and UKages of the Order now in fo-ce or those that may hereafter be adopted, and has not obtained his or her mem bership by fraud, concealment or misrepresentation as to his or her age, physical condition, habits or oc cupation as shown by his or her ap plication and medical examination, all of which Is hereby refer-ed to and made a part of this certificate. In Witness Whereof, The Supreme President and Supreme Secretary of the Supreme Union. The Order of Washington, have hereto subscribed their names and affixed the corporate seal of the Order at Portland, Ore gon, this 20th day of September, 1904. Maturity of this policy dates from original dr.te, August 2S. 1888. W. W. TERRY, Supreme Prsident. J. L. MITCHELL, (Seal) Supreme Sec-etary. I hereby accept this certificate on the condition named therein. H. A. L. SPANDE, Signature of member !n full. Registered and delivered this 20th day of September, 1904." The plaintiff avers that he com plied with the rules and regulations of the original Washington associa tion and of the Order of Washington without stating anywhere what those rules and regulations were and that on and prior to March 21, 1908. the defendant represented to the plain tiff that The Order of Washington had entered Into an agreement with the defendant whereby the latter would take over all the Insurance then being carried by the Order of Washington and that by the payment to the defendant by the plainMff of the monthly asessnients due ly the terms of the certificate issued Ly the order, the same would be nssumed by the defendant and that the defen dant "then and there. In writing, for a good and valuable consideration in hand paid by this plaintiff cove nanted, contracted and agreed If this plaintiff would pay the said defen dant all of the assessments required to be paid under the laws of the Su preme Union of the Order of Wash ington on said benefit certificate, life and 20 year endowment policy here inbefore mentioned that said defen dant would assume all the conditions nnd (stipulations contained in said In- New Way to Make Apple Dumplings Served With Hard Sauce or Cream and Suiior Ly Mrs. Janet McKenzie Hill, Editor oj the Boston Cooking School Magazine Here is a new way to make apple dumplings that w ill surely please every housewife, for it is not necessary to have whole apples, and the juice cannot run out and burn as with apple dump lings where the apple is placed in the center and the dough turned up around it. The biscuit part forms a crispy shell that holds the apples and juice. i OOO WORTH Of new sample suits and coats just received from our New York buyer. They're thp best values we ever offered, The styles and materials are all up-to-date, handsome garments, all underpriced for quick selling. Now isyour time to buy while the soc is fresh and new, Investigate it will pay you. 1 C Apple Dumpling One and one-half cups sifted flour; teaspoonful salt; 3 level teaspoonfuls K C Uaking J'oudt r; '4 cup shorten ing; about cup milk; apples. Fill the cups of a buttered muffin pan with pared and sliced apples, sprinkle with salt and turn two or three table spoonfuls of water into each cup. Sift together, three times, the flour, salt and baking powder; work in the shortening, and mix to a soft dough with the milk. Drop the dou'h from a spoon with the apples inthecups, givingita smoothex terior. Let bake aliout twenty-five min utes. Invert the pan on a large serving dish. Put a spoon ful of hard sauce above the apple in each dumpling and finish with a grating of nutmeg. This is only one of the many new, delicious and ni'i'etizintf recites c.'nt;.im.l in the K C Cook fe.Ajk. which nuiv W obtitiiiedw by twmiinff the colored certificiite ri.ickrd in every 25-cent can of K C Baking pow(W to the J aocksMpo. Co., chienvo. Be sure to Kit the 25-cent size smnlh-r cans do not c-uuia Couk'a Book certificates. 0& - Vv 7 surance policy required to be done and performed by said Supreme Un ion of the Order of Washingten." He alleges the acceptance cn his part of the contract and agreement alleged to have been made by he de fendant, and that he complied with its terms as well as with the terms of the certificate issued by the Order of Washington until August 28. 1908, when he notified the defendant of the fact that he had lived out his 'ife ex pectancy; that his policy had fully matured; and that he had In every way compiled with the regulations and laws of said order and agree ment between plaintiff and defen dant, and demanded the payment to him by the defendant of the Bum of $2,0(10, offering at the time t make such further proof as the defendant might require or whatever was re quired by the rules, laws or usages of the defendant ' or the Order of Washington, but that the defendant waived further proof and refused payment of the sum of money men tioned. All the allegations of the complaint, except the corporate en tity of defendant were traversed by the answer. As a further defense, the defen dant alleged that the present con tract made between the defendant and the Order of Washington was In Li MSI Millinery Bargains Stylish Hats at a Great Saving We do the greatest millinery business la Salem, 'it Is the vol ume of business we do that helps us to sell stylish hats at such low prices. Come and look through and see the beautiful trimmed hats we have on sale, all priced away down $5. $7.50 and $10 hats now on sale For $2.50, $2.95, $3.50, and $4.50. Stylish Coats and Suits mm on Sale $5000 worth of the. latest and newest coats and suits now on sale at prices that will make selling live ly. Little profits 13 our motto. We have the slock to show you and no matter where you go you cannot beat our prices for stylish, up-to-date gar ments. Ladies $15 suits $8 50, Ladies' $18 suits $10.50, $22.50 suits for $12.50, $18 Caracul coats $10 50, girls' coats $2.50, $3.50 and up. ! r SivTv.vy I PS PI r mi m (Continued on Page 5.) We are Headquarters for fine Dress Goods and Silks Come and take a look through this great stock of fashionable silks and dress goods See the beautiful weaves and materials; compare our goods and prices, you will very soon find out the best place to spend .your money, Sjlks and Dress Goods, Yard 25c, 35c, 49c, 65c and up The Greater CHICAGO ST "The Store That Saves You Money" 0PF i Saiem $LLa Oregon - RAILROADS. SOUTHERN PACIFIC. KNGWOO D MOST IDEAL HOME PLACE ABOUT SALEM. GO OUT AND JUDGE FOR YOURSELF If you contemplate purchasing a home or homesite you will do yourself an injustice if you fail to investigate KINGWOOD PARK The awakening of Salem is being recognized outside our own borders. People are turned this way. They demand up-to-date surroundings. That is what we are furnishing at Kingwood Park. You certainly want as choice surroundings as the new-comers. Do you realize what it means to own a home in a reasonably restricted district? It means that the beauty and value of your home will not be depreciated by other buildings, as no shacks will be allowed. We have installed graded streets, cement curbs, wide cement walks, tree lined parkways, pure water, electric lights, and entrance gates on the prin cipal driveways. In addition, a fine new school has been completed only a few blocks away. Telephone and other city conveniences give one the pleasures of city life, with the freedom of the open and healthful surround ings of the suburbs. KINGWOOD PARK is located on the high ground of the West Side, di rectly opposite Trade Street. Kingwood is a regular stopping point on the Falls City Line, and with the opening of the new bridge will be brought within a few moments of the business center. THE TERMS we will adjust to suit your particular case. Don't be preju diced against the West Side on account of the past. Let us show you what we are doing. Why not walk over today and see for yourself. Go over the bridge and walk up the River Drive until you come to the Kingwood signs. You will also see signs of improvement that will astonish you, or telephone for an auto to BECHTEL & BYN0N Sajes Agents, 347 State St. Tel. Main 452 ' Southbound. No. 13 San Francisco Exp. . 3: No. 19 Ashland Passenger 10: No. 17 Roseburg Parstnger 6. No. 11 Shasta Limited .. 7: No. 27 Eugene Passenger . 8: No. 15 California Express. 9: No. 226 Way Freight 9: No. 222 Portland Fa-" Frt 10,- Northbound. No. 14 Oregon Express . . 6: No. 28 Portland Passenger 8: No. 12 Shasta Limited . .12: No. 18 Portland Pasenger. 2: No. 29 Portland Passenger. 7. No. 225 Way Freight 12: No. 221 Portland Fast Frt. 2: 31a.m. 59a.m. 21p.m. 43p.m. 25p.m. 56p.m. 50a.m. 15p.m. 43a.m. 30a.m. 35p.m. 56p.m. 43p.m. 35p.m. 43a.m. a.m. a.m. a.m. p.m. p.m. p.m. p.m. p.m. CAPITOL TRUST CO., Owners 205 U. S. National Bank Bldg. Tel. 251 OREGON ELECTRIC RAILWAY CO Leare Salem. Arrhe Portland. Train 6, 6:30 a.m 8:30 a.m. Train 8. 8:55 am 11:00 a.m Train 10, 11:15 a.m 1:15 p.m. Train 12, 2:00 p.m 4:00 p.m. Train 14, 3:40 p.m 5:10 p.m. Train 16, 4:00 p.m S00 p.m. T-ain 18.' 6:10 p.m s r. (. m. Train 20, 8:50 p.m 10:45 p.m. Arrive In Salem. Train 1 8;3o Train 3 g:50 Train 6 10:30 Train 7 1:00 Train 3 4:is Train 11 6:00 Train 15 8:35 Train 17 n:io o Salem, Falls City & Western By Leaves West Salem for: Dallas, Falls City and Black Rock 9:00 a. m. Dallas and Fallg City 1:30 and 4:35 p. m. Sunday trains ror: Dallas and Black Rock 9:00 a. m. and 1:35 p. m. Trains arrive at West Salem from Dallas ; 8:15 a.m. Black Rock and Dallas. .12:30 p. m. Falls City and Dallas .... 4.15 p.m. SALEM I.NDEl'ENPEXCE BOATS. The launches Independence and Louise will leave their wharf at the foot of Trade street for Independence at the following hours dally except Sunday. Leaves Independence 8:30 a. m. Leaves Salem 4; 00 p. ni. o You may not be able to depend upon your friends, but your enemies will never disappoint you. Children Cry FOR FLETCHER'S CAST.O R I A Talmadge Printing Co. New White Building, 231 H State Stiwt. SOCIETY AXD COMMERCIAL PRINTING. Give an Iowa Printer a Call. ROSTEIN & GREENBAUM STORE FULL OF GOOD VALUES SWEATERS 7 Great variety of fine wool sweaters Children's wool sweat&rs; sizes 16, 18 and 20 50c Boys' and Girls' wool sweaters ,at ..SI, 25 and 81,00 And extra fine wool sweaters 'at $1,75 and $1,50 Ladies' and Men's wool sweaters at $1,50 and up See the Big Assortment. CLOTHING Men's Suits from $5 up, Men's all-wool suits ..$10,00 Men's fine all-wool suits, at . $12,00 Men's good wool overcoats, at $7,50 and un Men's $4,00 fine wool pants, at $3,25 Boys' wool suits, sizes 3 to 8.. new styles $2.50 Boys' wool suits, sizes 5 to 16 new styles $2,75 See our fine woiol suits, at $4,00 ,$3,75 and $3,50 (all new patterns), UNDERWEAR Children's winter weight underwear 25c Girls' and Boys' Union Suits, extra eood 60c Ladies' Winter Weight Underwear 25c Ladies' Union Suits 50c Ladies' part wool Union Suits ...75c Ladies' half wool Union Suits Si. 00 Ladies' all-wool Union Suits SI .50 Men's Underwear, heavy weight -15c Men's Union Suits ..$1,00 Men's Wool Underwear $1.00 UMBRELLAS Children's Umbrellas, fancy handles 50c Ladies Umbrellas from ,50c and un Umbrellas and Rust-proof Gloria Silk SI -50 240 and 246 Commercial Street. Domestic Bargains 5000 yards Outing Flannels, yard 3 1 -2c I Musiins and Sheetings at Mill Prices, Blankets and Comforts at Bargain prices. Kimona Flannels, pretty stylesnow yard 10 and 12 1-2c M Make Want Advertising Your Banker Journal want nrls tiviner nuirlc results I M M M M Ml III H M