Daily capital journal., December 04, 1911, Page PAGE FIVE, Image 5

OREGON. MONDAY. lifeCEMBEU 4. 1911.
page mm
SPECIAL VALUE GIVING BEFORE CHRISTMAS
PRE
iur
'LIDAY SALE
reduce
arrive m
1 1 1 . . m
T Z Hu eaV1'y CVe? for, th.e fall's imme"se trade, consequently we wish to
die stock in order to have room for the large amount of sprirW goods that will beain to ,
January, i iw, overDuynas been on the goods DUrchased in the last two months, cnnspniientlv
all """"you's the newest of the new-and we are going to offer them at prices that
mean SPLENDID VALUES TO YOU AND QUICK SELLING FOR US.
'his is an excellent opportunity to buy Xmas presents
SALE EXTRAORDINARY
ON
Handsome
Tailored Suits
for Women
the beauty
ill
V'M if)
i rr
fcuiiiieiiib mis lb
Considerin
of our ga
an extraordinary offer
ing. We have been very
proud of the tailoring of
our suits this season,
"They look as though
tailored express'y for
the individual," is the
general remark about
them,
We also call attention to our $15.00 Suits for
$6.50 and $17.00 Suits for $8.50
BLACK SILK SALE
The beauty of our black silk and its splendid
wealing qualities is well known. We have a
large number of pieces, all of which are worth
every cent we ask for them in the first place,
OUR HOLIDAY PRICES ARE:
$2,00 values $1.79 $1,75 values ..$1.49
SI .50 values ..$1.29 $1,35 values ..$1.19
$1,25 values ...99c $1,00 values ....87c
75c values 49c
Thanksgiving Silk
Petticoat Special
$1 5 Petticoats $1 1 .99 $5 Petticoats . .$3.99
SI 0-Petticoats .$7.53 $4 Petticoats ..$2.98
$8 Petticoats ..$6.15 $18 Raincoats $12.00
$6 Petticoats ..$4.59 $7,50 Raincoats $4.90
1-3 Less
We were very clad to tnke ailvani:,
of the opportunity to purchase some
very handsome sets of guaranteed furs
at a discount of one-third. We will as
usual give the customer the benefit.
I.et us show you our beautiful furs.
LESS ONE-THIRD
Silk and Net
Waist Sale
Pretty Waists? Yes. We think they
are ahead of any we have previously
shown anil that is certainly saying
a Kl'tat deal. Thev are verv dnintv.
are strictly tailored cf silk net or
cliitton. Holiday price:
$12,00 Waists $7.50
$7,50 Waists $6.25
$6,00 Waists $5.00
$4,00 Waists $3.64
$3,00 Waists $2.75
Extra special, black only $2.25
OUR MEN'S CLOTHING STORE
Is a Big Store
With a Big Stock
You have your choice of a
large number of styles and pat
terns strictly up to the minute,
as bright snappy mrechandise
as you can find on the coast,
Guaranteed
Strictly
All Wool
Perfect Tailoring
Perfect Fit and
Smartest of Fabrics
Prices
Most
Reasonable .
MEN'S UNDERWEAR
SPECIALLY PRICED
1ILU IW ill mil 11
HAVE YOU EVER WORN
FOREST MILLS UNDERWEAR
If not this Is an excellent opportunity
to buy them. If so, we are certain
we will receive your patronage.
They Always Give Satisfaction
They are made of the best and softest
of yarn, the fit is like thnt of a well
fitted glove. Our prices now are
fi.'.c I'nion Suits olio
$1.00 fnion Suits W)c
$2.75 Union Suits $2.19
$3..r,0 Union Suits .l
50c Vests and Pants 41c
75c Vests and Pants tiitc
$1.25 Vests and Pants 1-0
$1.75 Vests and Pants
0w
r,Op cnttnn rlltheil parments In cream.
pink, blue or brown, each 4"c
$1.25' Cooper's derby ribbed cotton,
each OSc
$1.25 Cooper's derby ribbed wool,
each
$1.50 Scotch and natural wool. . .11-15
$2.50 Union Suits, Cooper's derby rib
bed cotton and wool $2.2.')
$3.50 Union Suits, Cooper's derby rib
bed :U"
Hoys' heavy fleeced cotton, per gar
ment 8Sc and 5lle
ON
OF
We've Placed Several Doz
en Pieces of
NOVELTY DRESS
GOODS i
m ;' a :
I .-YV 1
o '. "wy iii
II
on our Bargain Tables at Greatly
Reduced Prices
We're making a general clean-up of dress goods for
the season, and it will pay you to look them over,
You'll find a splendid assortment of seasonable fabrics
and colorings in the different lots, which are grouped
according to price, You know what to expect when
we advertise a reduced price on any line of merchnadise,
I here's aiways a genuine reduction which means a reai-
saving to you on every item so advertised,
WE'VE ALSO PLACED A LOT OF
NOVELTY SILKS
on our Bargain Tables at 75c per yard.
Reduced from
our 90c, $1.00 and $1.10
They'll not be on our counters long at this price, be
cause they're desirable patterns, which wil be bought
up quickly,
7' oadAs 3csr&
Our Store closes at 5:30 every evening except Saturday
Broken Lines
OREGON SUPREME
COURT DECISIONS
Cole y. AVlllow Hirer Land Co Mal
heur County.
Leonard Cole, respondent, v. Willow
River Land and Irrigation Company
appellant. Appeal from the circu t
court for Malheur county. Hon. Dal
toa Biggs, judge. Argued and submit
ted at Pendleton, Nov. 1, 1911. A. A.
Smith, M. D. Clifford and (John L.
Rand and Wm. H. Packwood, Jr., on
brief for respondent. Oliver O. Haga
T3iKa f, Vfne-a. and Wheeler At
ii.,.!.,.. m hripfi for annellant. MC-
Eride, J. Affirmed.
On September 12, 1910, plaintiff filed
his complaint, alleging substantially
that defendant, is a corporation, or
ganized under the law of this state;
fhat on March 17, 1908 plant if and
one D M. Uroyan entered into a writ
ten contract whereby plaintiff agreed
to convev to Btwin the clear title to
h) interest and that of his co-owners
n certain described mining claims
8nt. water rtehu in Mf'
that tneie.un.-, -..
gan assigned and transferred a h.
-ights under the contract to de - n
da. 7 that on m,.v 2... 1Q.H. defendant
c.nveyance plaintiff had any Interest
therein
Kor a further and separate defense
tho answer alleged that at the time
in nis contract .u. : . , Mar(.h i, 1908, ,..
which deed, at the request ..nUff lin(i urogan. was exe
cuted, plaintiff represented to Drogan
caused a deed to be prepared 'for exe
cation by plaintiff and his co-owners
conveying to defendant all the prop
erty described in his contract with
Prmran
of defendant, was' executed by plain
TONIGHT
BLIGH THEATRE
"The Country Squire
LOWER FLOOR 35
BALCONY - - - 25
itt nPFN - - X 5
Matinees Saturday ndSundajnd
& m.r i u : n i
"A GAY DECEIVER
Ul UfHUUiUii.. llll'-vi, "'""" i . - "
tiff -ind his co-owners and was placed that he had a good possessory title to
UU " o .... .... , i ..,, ,..,,, tlllo In tho wilier
in the First Bank of Vale to be deliv- . tVc Vn
ered when defendant should pay to tnat llJr reaS()n 0f su,.h statements, and
plaintiff the $20,000 as specified in not otherwise, ISrogan entered into the
I the contract; that on May 2S, 1308. contract; that, prior to May 28, l'JUX,
I witlout the knowledge or consent of and after defendant had taken posses-Ul-iintiff
and contrary to their agree- Hlon of a portion of the premises, and
! ment defendant caused the deed to be had commenced the construction of a
lelaced of recoid, and immediately en- dam and reservoir thereon, the Kast
i tered into the possession and enjoy- em Oregon I-and company served no
ii.ient of the property, and is still in tice upon plaintiff and defendant that
ted I it whs tlm owner of the land and
tlie P0:,M-.u i i ",. .. " u I ..... : .,, .' (.ll.l tltl,. th,.r,.tr,
i,rf,. ami vaiuauie iii,uicir,u u ' . .
.-. nr. t int TU t her J. iu. 1: OK.iu U",
defendant have paid any part of the
t i,iu cr.iiiulaint defendant ap-
! peared on September 20, 1110. by mo
i nlaintiff to make his
complaint more definite and certain,
and. on January 9, 1911. withdrew the
i n otion and filed an amenueu mouou
to the same effect, but alleging new
sunerior to the right or title of plain
tiff, Hrogan or (Hienoani; tnai y
reason of such claim the defendant
declined to make any payment- to
plaintiff or 1). M. firogan on account
of the purchase of the lands and
water rights, and declined to carry
out the contract or accept a convey
ance thereunder; that about the 20th
day of May, 1908, plaintiff and this de
Itr. the same elTect. mil aneKmg urcw uay oi '". r. -
1 bounds of uncertainty. This was fendant entered Into a new agreement
Kroii . r . ..... in nri ..!., tiva t. thn rmrrhA8ft of the lands.
nvfrriiled in riart anu atiuiru . i tiuu.v v..-. , . ,
nn lanuary 11 Defendant then filed I whereby it was agreed that the same
Teen, ral demurrer to the complaint, should be conveyed to the defendant
a i ,,,.f..r,,i.,r,! nr.A tt,o t,ir-pl nn record, so as
which was overrmeu. ouu uv -----;, .
was given until January 18th to an
swer On January ru n
answer and on the 25th of that month
an amended answer was filed, which
in substance, admitted the agreement
with Brogan; admitted that the prop
erty was conveyed by plaintiff and his
co-owners to defendant and tho deed
recorded; but denied that the deed
was recorded without the knowledge
or consent of plaintiff, and alleged
that plaintiff had consented that the
to vest such title as plaintiff had in
ti.n defendant, and that no nayment
on the purchase price should be made
to plaintiff until ttie title and rignt or
r.inintiff and his co-owners had been
decreed superior to the alleged rights
of the Eastern Oregon JJinn company,
and thnt. defendant should bear all
the costs and expenses incurred In
Mtiimtinf tlm rnnt.roversv with the
Eastern Oregon Umd company, such
expenses to ne aeuucxea rrom me J"
!wd i'houTl'be taken from escrow and I 000 stipulated to be paid as the pur
deed fcnouw " , ,,, ,.-i,.,. anIi that nn i,nvn,ent
i rTdfev7rtoKr tom them- should 'be made ' nUr'the" litigation
Z Jo? any M other ium to plaintiff for should be settled or adjusted In favor
plaintiff's merest in me pro,--.-.. -
The answer further states that de
fendant proceeded to defend the title
to the lands and water rights; that in
November, 1908, a suit was commenced
by the EaHtern Oregon Land company
in the I nlted Suites district court,
which Is mill pending, anil that de
fendant has already expended several
thousand dollars defending tho suit,
and will be required to expend other
iurt'u KtltnH for the same purpose, and
that the present action has been pre
maturely brought.
On the same day plaintiff filed a
reply, denying the new matter in de
fendant's answer, and thereupon de
fendant moved for a continuance sub
stantially uiKin the grounds: (ll Lack
of time to prepare for trial; (2) nb
,..,,. ,.f inaterinl witnesses: C!) Ina
bility to obtain certain vouchers of
the company from the cuxtody of the
I nlted States court In time to pre
pare earlier for trial; (4) that under
a rule of the court plaintiff was not
..mitiwl In trv the case nt this time
The affidavits set worth mat de
fendant expected to prove by John H
Hart, one of the absent witnesses,
that he was one of the attorneys for
defendant In the suit between tne
KasK-rn Oregon Land Company and
defendant; that In July. 1909, plaintiff
told Mr. Hart that he (piaimini nan
no claim whatever agalnHt the willow
River Land and Irrigation company u
It did not win In its suit with the
Eastern Oregon Land company but
if it ir. j Hiwei'Hsfiil in that lill-
ii, in li iu " - 11,1
gation, then there should be deducted
from the contract price me enure
penses of defendant In defending such
suit and the balance only to be. paid
to him; that be did not consider that
he had any claim against defendant
u,i,.h llitiratlnn should be deter-
Ulilll nn,.,, ...r
mlm d in favor of defendant, and then
only for such balance; that derctmani
tr i.rfive bv Edward 11.
O'Doiinel that In the month of May,
l'j',8, It was agreed between piamu.i
and defendant that no claim whatever
should be made by plaintiff against
defendant until the claim of the East
ern Oregon ind company against de
fendant should be finally settled, and
that the entire cost of any such liti
gation should bo deducted from the
amount which was to be paid to
plaintiff.
Tho court overruled tho motion and
called the case of trial. Both parties
waived a Jury and there was a finding
fr t.inlntlff fur the full amount of his
claim, the' defendant Introducing no
testimony. Defendant appeals.
Mcltrlde. J. The granting or refus-
I .. ii.i.i (..A fur eiktitlnmincn Is n
111.. lll.,lw. .... - -
mutter miiireaueil In the sound discre
tion of the court, and will not be re
viewed upon appeal unless it appears
thnt mint, illHcretiim has been abused:
State v. Huffman, 39 Or. 48; State v.
Finch, 54 Or. 48.
We are not prepared to say that the
court abused Its discretion In this
ense. The cause had been pending
about four months and defendant had
all that time within which to have
taken the depositions of tho nbsent
witnesses: L. O. L. Sec. 3.10. The
affidavits show no ground for the be
lief i. vi.ri.nm.il therein, that the de-
t fendant will lie able to prove tho facts
i recited In the a ffldavlts by the tes
timony of the witnesses. 1 ney no not.
show that the affiants have ever con
versed with Hart or O'Donnell or re
ceived letters from them indicating
that they will testify as stated; and
they entirely fall to stale any ground
upon which affiants base their expec
tation that the absent witnesses, If
present, would testiry as slated tbe 'e
In. It Is not alleged that thotHO wit
nesses have ever stated to anybody
either orally or in writing, that they
will so testify and the court Is left
to determine without evidence, whe
ther or not affiants' belief as to what
'can be established by them is founded
I upon Information or In a mere matter
of conjecture or guesswork. There
1 nre many things Indicating that the
! motion was a part or a systematic
I plan to delay the trial of the action,
j A dilatory motion had been filed, wlth
! drawn and another substituted, anil
iri,ii a uuii was icmin by another
j corporation, holding a large block of,
1 . ....... -...i i.i.... ti...
the stock or (leremuini a m-hi i,"-
holder of Its bonds, but having the ;
, same attorneys as defendant, t enjoin
., ,,r thin iiiiiiiii. The
j circuit Judge, whose opportunities to i
; Judge the situation accurately were
heiter than ours, probably concluded'
that, the continuance was not sought;
! I" Ih" inlerentw of lustlce. anil we d-'- I
cllne to Interfere with his determlna-;
tlon of the action. i
It Is contended that the court erred
in overruling defendant's motion to
make the complaint more definite and
certain. It appears from the tran
srlpt that the court allowed the mo
tion. In no far as it required plaintiff
to state the names of the officers act
in.. in i,..hiiif r.f the defendant in mak-
i ins in " -
1 Ing the promises and agreements with
! respect to the escrow, and the promise
ion the part of the defendant company
j t pay the $20,000 but denied it In all
other particulars. Mine oi im-nc
penr to us to be vital In regard to
eiiiim of olalntlff to be able to
. in .1.. c,n,.iratl.n nf
meet inieiiiKi'iiuj' rvij ...
I the complaint not only by denials but
by an affirmative defense wnen neces
..ri Tim uruntfng or refusing a mo
tion to make di finite and certain is
largely a matter of discretion with tne
circuit court and the appellate court
should not Interfere with the exercise
,.r ihur discretion unless It Is satisfied
that It has been abused, and we are
not so satisfied. Plaintiff's evidence
supports the allegations of his com
plaint, and, although the former prea-
t.l.mt txt ,ku .nmnnnv without whnflfl
knowledge the alleged contract with
plaintiff could not have neen mane,
was available as a witness for defen-
.l.int hn ti'na mil unllnrl unit tlln Inl I f f '
evidence wns not contradicted in any
respect, we do not inins. any narmiui
ni.it. u'tia unit,!,, Ittnil In thn admission
of evidence and are satisfied thnt the
substantial Justlco has neen (lone in
the premises, nnd, therefore, refrain
from a detailed discussion of the vari
ous objections urged by tho able coun
sel for appellant.
Tho Judgment Is affirmed.
Congress Adjourns an HiKin mm Mcl.
Washington, Dec. 4. Hoke Smith,
of (ieorgla and Obedlah Gardner, of
Maine, Democrats, were today sworn
In as I'nlted States senators. Tho
senate adjourned nt 12:30 p. m. un
til tomorrow.
Tho house of representatives ad
journed at 2:25 o'clock this after
noon. o
An Invitation to come to OrKim
and be safe has been extendi d by
John Overroeder of Oreiico, to the
mother nnd a brother of his wife,
who were Injured recently 'n a cy
clone that destroyed their homo lit
Illinois.
Service
This Hunk fiirnMi
os a mtt Ice that U
prompt anil sure, fair
In Its dealing, Keen
to lenrn the needs ef
Its customers, and
eager to make Us In
ten'! their omi. W
solicit your putronnge
en the lirenil ground
of di'scniiiir It.
United States
National Bank
SALEM
and aenieu uioi