Daily capital journal. (Salem, Or.) 1903-1919, December 22, 1911, Image 4

Daily capital journal., December 22, 1911, Page PAGE FOUR, Image 4

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Newspaper Page TextrAGX rorx DAJLT OtAFTTlt JOUfiNAIi. RAXEM. OREGON, FKIDAT. DECEMBER 22, 1011. THE DOCTOR'S DIAGNOSIS WAS FAULTY "WHEN" A HIGHWAYMAN LAST NIGHT UNDERTOOK TO HOLD , IP DR. KEN' WE LI, HE THOUGHT f IT WAS A FfUNK DISCO VER- ERING HIS MISTAKE, HE TUT A CATHARTIC IN, HIS HEELS. i ' To be fired upon and then upon fleeing, to bo pursued to the very door of his home by a highwayman, was the experience f Dr. J. J. Ken--well last night The hold-up occurred comparative ly early in the night and the scene was on South Winter street just be yond the race. Dr: Kenwe'l was on his way home and. was startled by having some one ft-' close to his feet. Believing It to be 'he work of some wreckless youngster, the doctor started to reprove hlm at 'the same time pursuing his homeward course. The response was . "hands up," and then the doctor fled. The highway man did not Are again but gave chase and did not abandon It until the doc ' tor had reached his home at 746 Mill street. , The highwayman answers the de scription of the one who on the pre vious night held up two other resi dents of the city. $1.50 for Sweet Charity. Ai Joe's friends passed by, took one oo V at hlg bland, Innocent, cheerful sin lllog countenance, their hands Involun tarily went down Into their ians and came back with quarters In stead of nlckles which went In to a different "kettle" than many of .helr fellow quarters. The tlntlnamfcula tion of the bell, which, under Joe's manipulation, sounded like ttia on a frisky lamb gambling his last (-quarter, or all four quarters, on the green, was irresistable. o The Strand Attains Its Majority. When, towards the close of 1890, the late Sir George Newnes launtched Into the world what has now become amongst the oldest of the Illustrated monthlies, he wrote modestly-,, yet confidently on Its first page: "It is-believed that The Strand Magazine will soon occupy a position which will Justify its existence." That these words were not vain a review of what "The Strand has ac complished in Its 21 years, the vast amount of entertainment, It has fur nished, the many characters, real and fictitious, first Introduced to the world in Its pages, the praise It has won from eminent persons, the esti mation In which through 42 vol -uraes It has been held by the publ ic in Britain and America, sultcL ently prove. , It was read each month front over to cover by characters so diverse as the late Queen Victoria and Cardinal Manning. A great traveller, Sir liar ray Johnston, declared that he found It had penetrated into the mos-t re- GLEE CLUB TO BE HERE The members of the University of Oregon Glee Club returned home Sat urday from their trip south much en thused over the reception they had received from the people of Roseburg, Medford, Ashland, and Grants Pass. The papers of these towns heralded them as the best trop of college boys west of the Mississippi. The three skits which the Glee Club has on Its program this year of a vaudeville nature, made the enter tainment offered both entertaining to music lovers and - to those not in clined towards an overdose of tune. Harry Ding, the full blooded Chinese boy, -with a goo American base voice was another of the features which took well with the people of Southern Oregon. Next Saturday evening; the Glee iClub will give the last concert of their tour, Salem being the sixteenth city in which they bave given their entertainment. They will be seen at the Grand Opera house. . If you are troubled with chronic constipation, the mild and gentle ef fect of Chamberlain's Tablets makes I them especially suited to your case. or sale by all dealers. Give a dog a bad name and you can soon have a new fur rug. The' Wise Wife li the woman who advises husband to choose his Isucmdrjman with care cra is great rare as he giei Us choice of a haber. das-sner. The one thing mare tutsan all others that has a Iftradfncy to make laundries in popular In the mind of th public, Ig the fact that It has been necessary to osm an artiticlal bleach on ffbditt froods, generally a llrswie bleach which was mCDit or less destmcthe In Its-B tendencies. The Salem Stream laundry Is using a mi Ural bleach an Oxjgen blwath that does the work n sent like the rays of the son. It la absolutely harmless to an ay foods that are handled in a lanndry, and while Its to- stls six times that of the olaml and sometimes harmful llrene blench, It Is now used In the Snlem Steam Lnun dry plant to the exclusion of all other methods of blanching. The best of everythlngr; nmutirlnls, machinery, meth. oil s, Is used by the SaHem Laundry Co. 1 . 36-1 66 S. Liberty St. Telephone Main 25 A Grand Exhibition Off Christmas Goods NOW SHOWN IN ALL DEPARTMENTS OF THE BIG CHICAGO STORE THE STORf THAT DOES THE GREATEST VOLUME OF BUSINESS IN SALEM AND CAN AFFORD TO GIVE YOU THE BEST CHRISTMAS BARGAINS. m Vs W "i 1 ' 1 ( 1 II I Ui M I' u 7 rnWenlty of Oregon fllee CInb for 1911. Top row, from left to right Walter Dobie, of Eugene; Leon Bratager, of Sioux Falls, South Dakota; Ira Manvllle, of Eugene; Del Stanard, of Portland; Erwin Rolfe, of Eugene; Glen Storle, of Pendleton; Vera on Vawter, of Medford; Burns Powell, of Monmouth, president and leader. Middle row Kenneth Frazler, of Portland; Harry Ding, of Portland; Walter Fisher, of Roseburg; Jerry Martin, of. KTlamath Ifalls; Melvln O&den, of Portland, director; Harold Grady, of La Grande; Homer Maria, o Portland; Vernon Motschanbaeher, of Klamath FalJls; Alfred Skei. Bottom row Raymond Giles, of Eugene; Brook Dickson, of Pendlton; Harold Quig;ley, of Portland; Earl Fortnilller of Albany; Bert Jerard, of Pendleton; Ralph Geisler, of Portland; Lee Morrison, of Eugene. STAYED TILL PERFORMANCE VAS OVER Tho glee club of the Willamette university appeared before the con vict at the Oregon penitentiary Wednesday evening with a Bplendld program, and the audience its ap preciation by a hearty encore for every number. Perry Retgleman made quite a hit with his funny stunts, and put the audience In the best of humor, and. Incidentally, made quite a reputation tor himself as a comedian, Mrs, Mendenhall sang In her usual splendid manner, and each, number given by the collegians showvd fine training. . This performance Ig the beginning of a number which the club will give in the near future, In fact they will be gone during the entire two weeka of the Christmas- holidays, and will appear In many of the leading cities of Washington and Oregon. Their greatest hope is that they will moet with as responsive, audiences as that of last evening, o , i JOE UtlDERWOOD DOES A STUtIT FOR CHARITY Joe Underwood, the ubiquitous peripatetic Itinerant and smillnR. eall-for-you-nnywhlere man, presi dent, general managor and chauffeur of the West Salem Transfer Co., did a new stunt yesterday. Just because aome one was foolish enough tc think Joe did not have the nerve to do it. He took cliarge of the bell of the little Salvation Army lassie, who Is ringing up donations for the needy, and tinkled it for 10 minutes, and he did it so successfully that in a short time he bad gathered in mote parts of the world. Queen Mar gherita of Italy has said that it was the only English periodical she read; and Mr. Swlneburne once appLdcd to this magazine the happy pun, "'Lltus deleetablle . semper 'The everr de lightful Strand." " The January- Issue No. 252 con tains an excellent amount of fiction by well-known authors, and articles of so diverse a character as Green rooms Old and New, by' Adolph. Klau ber; Itiwkin'on Pictures; Spo-orlng; Stories I have Heard and Told, by Marshall P. Wilder;" The Hom-e Life of the Royal Family (In the pr para tlon of which Queen Mary asBtsted) ; What the Face Reveals, by Professor Oppenheim; .Christmas , p-jzzleer Bridge Problems,' Chess Curiosities, etc, The Strand may alwmys be counted upon to entertain." .. ; -o The January Wide World Murnitne. An interesting and inspiring -article appears In the January Wide "World magazine entitled "The Guard fan of the Light" This Is a description of Madame Matelot's heroism on the night of April ISth last wh-on her husband, the keep of the Kesrdonls lighthouse, at Blle-ll-en-Me-r, lay dead and she and her children- spent the whole of the night turnl ng the machinery which -keeps the Kerdonls light In movement Other articles In clude an exciting one on 3ua.rktng" by D. IV. O. Fagan; "The Ascent of htacclhuatl;" and "Our HimtlngTrip In Chubut." The number Is 1-avlshly Illustrated with photographs taken in all parts of the world. o 1 Charming TVomm Is one who Is lovely in face form, mind and temper. . But it's hard for a r oman to be charming without health. A, weak, sickly woms.n will be nervous and Irritable. Constipa tion and kidney poisons show f.n pim ples, blotches, skin eruptions and a wretched complexion. But Electric Bitters always prove a gods-end to women who want health, beaiLty and friends. They regulate Btomaei, liver and kidneys, purify the bloodE. ; give strong nerves, bright eyes, pure breath, smooth, velvety skin, lovely complexion and perfect health.. Try them. 60c at J. C. Perry, o - Journal Want Ada Bring -Results OREGON SUPREME t DECISIONS Fill Text Published tj Courtesy of t, Supreme Com k, Turnert Reporter ol the Hiinley Co. t. Combs, Gi runt County. Decided December 12, 1911. Tlie William Hanley Company, a private corporation, appellant, v. J. B. Combs; respondent Appeal from Grant county. Hon. Geo. E. Davis, Judge, Argued and submitted Novem ber 3, 1911. Penditon term. M. D. Clifford (Clifford & Correll on brief) for appellant A A. Smith (Cattanach and Wood on brief) for respondent. McESride, j. Reversed, and new trial ordered. This Is an action to recover (3300 advanced by plaintiff on an executory contract for the ea'e of cattle. The case was before this court upon a pre vious appeal and Is reported in 48 Or. 409. A full statement of the Issues Is prefixed to that opinion, and no fur ther statement Is neecessry. 'McBrlde, J. The evidence dots not show nor tend to show any abandon meat of the contract by Hanley, plain tiff's agent. Comb? as to present to Hanley at Bear valley 600 head of stee rs of the kind and quality described In the contract He presented some thing over 600 head and a portion of these confessedly n't the proper age and quality, and when he and Hanley disagreed as to the number that come up to the standard of the contract, defendant declared the contract re scinded and proposed to keep all the money advanced. Before defendant could rescind the contract and keep the money advanced, he should have shown a disposition to substantially comply with the contract and have offered to comply by producing the required number of cattle for inspec tion, and passing. He admits that his actual damages were less than 500, and yet claims that because plaintiff's agent refused to pass more than 225 hoa.J of the 57S presented that he is entitled to rescind the contract and keep all the money advanced. " There Is nothing In the evidence which tends to show that Hanley In tended 1 to substantially abandon the contra. ct In fact, lr signified a Wil lingness to take 225 head, which he clalme d came lip to the contract stan dard, but defendant was determined that hoe should be . governed by the Judgm ent of himself and his hired Men aats to the quality of the stock. Under the circumstances defendant could mot rescind the contract without return Ing the money advanced. The motion for Judgment on the pleadlKng! came too late to avail plain tilt an -ythlng. As to the matters raised by the notion, the pleadings are In Us same condition now as they were on Ihoe first appeal, and If they are defective now they were defective then. 1 . " All -questions which could have been raised and ndludlcated on that appeal are re s adjudlcata: 3 Cyc. 398; Smith v. Seeattle, 20 Wash. 613; Smyth v. Neff, 123 111. 310; Pllworth v. Curtis, 139 llll. 508. The general principles of law ap plicable to this case are so well settled In the former able opinion of Mr. Jus tice Bsean that it Is. unnecessary to dis cuss thli case further. To permit the judgrrkent to stand would be a gross ln)ustzdce, and It is therefore reversed and x - new trial ordered. - p Work Will Soon Start after you take Dr. King's New Life Pills, and you'll quickly enjoy their tine Evesults. Constipation and lndl geitIon vanish and fine appetite re turns. They regulate stomach, liver and bowels and Impart new strength and energy to the whole system. Try them. Only 25o at ?. C Perry. o A Xes Moines man had an attack of mit8cular rheumatism in his shoul- t der. A friend advised him to go to j Hot ESprlngs. That meant an expense of J1SO.0O or more. He sought for a quick er and cheaper way to cure It. ,'and fTound it in Chamberlain's Lini ment Three days after the first ap plication or this liniment he was well. For s-sale by all dealers. USEFUL XMAS PRESENTS Priced away down' for this week's fast selling. FBEXCH KID GLOVES HANDKERCHIEFS All kinds; silk and lin en, for men, women and children. FAXCY APROXS 19c, 25c, 35c and up FANCY SECKWEAR 10c, 15c, 25c, 35c up. RIBBONS All prices. GREAT mLISERY BARGAINS Ladies' Fine Silk Hosiery 48c pair and up Fine Silk Umbrellas . 98c and up USEFUL XMAS PRESENTS JANUARY CLEARING PRICES On all our Cloaks and Suits. Half price and less on the following: CARACUL COATS SEAL FLUSH COATS , SCOTCH TWEED COATS GIRLS' COATS (All kinds.) CHILDREN'S COATS FINE FURS. All kinds. LADIES' $12.50, $18 and $25 SUITS, $1.95, $7.50 and $10.90. k ' ' 'A Useful Xmas Presents Are the following: TABLE LINENS LADIES' SILK WAISTS SILK FETTICOATS SILK KMON'AS WILLOW PLUMES MEN'S SILK SUSPENDERS MEN'S DRESS SHIRTS MEN'S SILK NECKTIES We are the makers of low prices. Silk and Dress Goods Nothing so appropriate as choice silks and dress goods for a pres ent. We show the most complete line In Salem and our low prices for up-to-date first-class goods cannot be beaten. FINE SILKS Yard, 25c, 35c, 49c and up. FINE WOOLEN DRESS GOODS Yard, 25c, 35c, 49c and up. Santa Claus Is Here We show a very nice line of toys, dolls, books, guns, baby carriages, rocking horses and all kinds of mechanical toys. We sell toys at about what they cost us. We carry them to please the children and not for profit. DOLLS, each, 5c, 10c, 15c, 23c up. BOOKS, 5c, 10c, 15c and up. All Goods Sold Exnctly as Advertised. Chicago Store SALEM OREGON The Store That (Saves You Money We make the low prices for Snlem S5SSSS91 For Sale For Sal FARMS We have Just listed a 360-acre farm, one of the best farms In the heart of Howell prairie. , Soil, rich, deep, dark loam, without a doubtthe best farm in Oregon. All under cul tivation, on main Salem and Silverton road; on the proposed electric car line. Most sightly location, trand view of the snow capped mountains. Price only $120 per acre. Anyone wishing to buy a good farm should see Howell prairie, the garden spot of the valley. Will sell 40. GO, 80 or 100 acres to suit, terms If wanted. 5, 10, 20 ACRE TRACTS Some close In fruit tracts also suitable for small ihlcken ranches. Price $175 per acre and . up, or. easy J terms. SUBURBAN HOME One of the finest suburban homes cheap; Just out of the city; 30 acres of fine land, dark loam soil, all under cultivation, good 7-room plastered house, barn and outbuildings, two j good wells. Price $8,000, terms: 40 ACRES 40 acres on beautiful Howel? prai rie, 12 acres hops, 8 acres pasture and timber, balance all under culti vation. House, barn, outbuildings; family orchard. Snap, $6,250; terms. WHY PAI REST! Start the new year right, buy a home from ug same 4s rent. Cozy, new 3-room house, woodshed, large corner lot $730. Only $100 down. balance $10 per month. CHOICE TACANT LOTS Mr. Investor, do you know that now is the right time to buy vacant lots for this Is the dull time of the year and some are In need of monev. Just as soon as the spring season opens up there is a great demand f r va cat lots, and prices sure to advance. We have for sale, that you can dou ble your money in a few months. For bargains, see us. ANOTHER SNAP Neat and up to date five-room plas tered cottage, full basement, concrete foundation, bath, toilet, sewer assess ment paid. Close In on Chen.eketa street. Swelleat location In town. Price $1500, on easy terms, tbink it over and let us show you some of our real bargains. If you would rather pay rent than to own your own home. look over our list. EXCHANGES We have a large list of' city and country property to trade; wh-thave you to list with us. . BEC1ITEL Se BYNON 847 State Street Children Cry FOR FLETCHER'S CASTO RIA ! MtMHIl MO Huie Wing Sang Co. j Big Stock of Holiday Goods On Sale This , Week i1 Full line of Silk Handkerchiefs, Silk Scarfs, Embrolderey, Silk Or naments, Kimonas, all kinds Fancy Waists and Skirts, Silks and Dress Goods. Wrappers, Underwear, Sweaters, Ladies' and Chil dren's Coats, Shoes, Blankets and Comforts, Gentlemen's and Boys' Suits, Flannel, Wool Shirts, Pants, Gloves, Fancy Silk Hose, Heavy Flannel Nightgowns, all kinds of Furs and Muffs, Silk Muf flers; all kinds of Purses, Umbrellas, We have a large lot of Fancy Dressing Sacques. Chlnaware and Japanese Fancy Goods. Call in and see our prices on big sale this week. - 325 N. COMMERCIAL ST. :: SALEM. OREGON M CD AM; f OPERA CHRISTMAS 11 HOUSE MON. DEC. Li n MATINEE AND NIGHT RETURN OF THE RECORD r BREAKER, Five Months at Whitney Opera House.Chicago Jos.M.GaitesliS" wi y i Magnificent Production Theater, N. Y. HREE WIN With the Brilliant Comedian GEO. EBNER Supported by GERTRUDE HUTCHESON Late Star of "The Merry Widow" I MM 60 PEOPL Mostly Handsome Girls THF HFDA civ . THE YAMA YAMA GIRLS THE BOATING GIRLS THE AIRSHIP GIRLS THE DANf iisir; CI IMRFAIJC PRICES: Night $1.50. Si - 75r ;nr.Mar i. 75c 50c Beauty Chorus Laughs :: Music i n . . is ii i mm