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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Dec. 28, 1911)
4 roc DAILY CAPITAL JOCBXAL, BALE. OBEfiOK, THCBSDAT. DECEMBER 88, I ii.' ; t. t 1 . f LILLIAtl RUSSELL TO MARRY PITTSBURG 3ULLIOJAIBE WINS BRIDE FROM THE MATRIMOJil. AL JTJXK SHOP, BEING THE FOURTH HUBBY THE FICKLE 05E WILL HATE ACQUIRED. tuning rami mm win. New York, Dec. 28. Lillian Rus sell Is to Jump into the Nat Goodwin class in the matrimonial race, when she la, for the fourth time, led to the altar In May. Alex. P. Moore, editor and publisher of the Pittsburg Leader, li to be the groom. When Mies Russell announced" her engagement to the Flttsburg news paper m, she gushed like a girl. "I am very happy In the thought of our engagement," she said. Then she sang gajly, like, a bride in her teens on the eve of her first matrimonial Tenture. She refused to discuss her three previous experiences In the field of matrimony, but told of when the present engagement was settled upon. "It was at a dinner In Detroit on Thanksgiving Day," she said. ' The couple decided to be married in May, but the exact date and place have not yet been determined upon. Asked as to her theatrical future and the effect her marriage would have upon it, Miss Russell said: "I am returning to vaudeville. I cannot say when I shall retire from the stage, if at all. I may desire to continue my career after my wedding." BOYS CAUGHT WHO ROBBED SHIPP STORE Reclvlng advices from the police at Portland that they had In custody Ai chle Taylor and Frank . Davis, wbo have confessed to robbing several telephone boxes in the city and also burglarizing the Watt- Shipp store, Chief of Police Hamilton armed with warrants for their arrest - loft for that' city today. When arrested by the Portland offi cers the two boys for one Is but 19, and the other but a few years over 20, "were quarreling over the division of Several hundred nlckles which they i' had stolen from telephone boxes in Portland, the Imperial Ho tel and Portland Hotel, being among the places robbed. When arrested there wag found on their person, the revolvers taken f r m the Watt Shipp store. This robbery was effected early one morning by breaking the front window so that the robbers could get access to the show cases. According to the Portland advices the two also held up a conductor here and relieved him of $30, but no such robbery has been reported to the police. o : Belongs In Teddy's CInb. !" CXITBD PBMS .IJUXID WIU. Boulder, Colo., Dec. 28. William Smith, Syracuse, N. Y., returned here after a two-weeks' hunting trip and says he killed a 250-pound bear with his fists and a pair of brass knuckles. Smith does not smoke. o How much can the pullet? ENGLAND IS STIRRED UP DY RUSSIA DMITID rim lUUO WIU.) London, Dec. 28. Uneasy over ap parent damage to British prestige in the East, London newspapers today almost unanimously deplore editorial ly the advance of Russia, the Impot ence of Persia to be a buffer be tween Russia and India. The radical papers particularly de nounce the pact between Sir Edward Gray and the Russian government, which, they say, will saddle England the consequences of all the brutalities Russia may perpetrate in the East. Telegrams to the Times today from Teheran declare that Russian infantry from Jask have been ordered to Bu Bhire, 125 mile from Shiraz, and that a puntatlve expedition is likely to avenge the probable death of the British consul In the latter city. Rus sian excesses, the correspondent de clares, are still reported from Tab riz, where natives were ruthlessly butchered, following the failure of the attack on the Russian consulate there. Teheran, he says, is quiet, the people having been cowed into submission. o THE WOMAN'S TESTIMONY IS REFUTED WITNESS SWEARS POSITIVELY THAT LEWIS WAS IS THE HOUSE WHEN HIS SISTER DE CLARES HE WAS ' NOT LOOKS BAD FOR LEWIS. Oroville, Cal., Dec. 28. Taking of testimony in the case of Arthur Lew is, charged with the murder of Little Helen Rumball, at Grldley, last June, was closed today, and both sides an nounced that they would be ready to submit their case to the jury tomor row night. A night session was ordered for to night. Arguments In the case will be gin late this afternoon; Coming at the conclusion of a long account by Mrs. Emma Rumball as to how ber step-daughter met her death was a flat contradiction of a vital fea ture of the story she told to save Lewis, her brother, from conviction. Mrs. Rumball swore that' Lewis was not in the house after a time when she declared the child was seen by her, still alive, On rebuttal Samuel A. Smith, who lives near the Rumball home, denied the woman's statement polntblank, de claring that he had seen Lewis go in to the house from the pasture at the time his sister swore he was absent. His testimony was not shaken. Lewis is charged by the state the child's actual murder by breaking I her neck while she was tied fast to a I scantling in the garret' of the Rum ball home. It Is conceded that the contradiction of Mrs. Rumball's testi mony by Smith makes the case look black for Lewis. Nebraska to Boont Taft Lincoln, Neb., Dec. 28. Plans for the campaign looking, to the election of delegates to the national Republi can convention favorable to President Taft's re-nomtnatlon were laid here this afternoon by members of the Ne braska State Republican League. . i.i ii inU ,ii Hi fn in.ii n ' i I Clean, Dry Heat Clean, dry heat, with no smoke or odor and with no flvincr ashes or soot J) that is what you get with Oil Heater. Perfection The Perfection is the most reli able and convenient heating device you can find. It is always ready for use. There are no pipes or flues or wires to bother you. " You can pick it up and take it wherever extra warmth is wanted. Every mechanical improvement that experience could suggest was already embodied in the Perfection Heater. This year wa have tried to add to it appearance. The drums are finished either in turquoise-blue enamel or plain steel, a -you prefer j nickel trimmings at ornamental at it is indispensable to comfort. ; A tfMcul automatic derict absolutely prawn snoking. . All parts saaljr clouted. Calloa ioat LmU una houra. Cool btndU damper Sop. DatWi mmy wimn I ar vriia nr imripiHa.amdbr la aay mnur ai (W Standard Oil Company (bcoparata4 OREGON SUPREME COURT DECISIONS Fill Text Psbllshed by Ceartesy ( i. A. Tomer, Reporter ef the 8ipreme Co art Hart t. Prather, Malheur County. Decided December 19, 1911. George R. Hart, contestant and re spondent, v. Martin V. Prather, con testee and appellant. Appeal from the circuit court for Malheur county. Hon. Dalton Biggs, Judge. Argued and sub mitted at Pendleton,' November 3, 1911. A N. Sollss and J. A. McCulloch (Mc Culloch, Sollss & Duncan on brief) for contestant and respondent. Wm. H. Packwood, Jr. (Wheeler & Hurley, George E. Davis, John L. Rand and Wm. H. Packwood, Jr., on brief) for contestee and appellant. Burnett, J. Affirmed. This is a proceeding Originating in the- county court of Malheur county on the contest of a will. When the decision was rendered there oral no tice of appeal was given by the defen dant and the clerk was directed to prepare a transcript. Both parties concede that the thirty days after the perfection of the appeal expired on July 21, 1911, by which time the tran script should have been filed In' the circuit court. On the 13th or 14th of July the appellant's attorneys called at the county clerk's office and were shown the transcript by that officer. Deeming his certificate Informal, they dictated another one to bis steno grapher and requested the clerk to have It extended, sign and append it to the transcript which when It should be thus authenticated they directed him to file as of that date. At the same time the attorneys for the appel lant offered to pay the clerk the filing fees and the fees for making the tran script, but without either specifying any amount or producing any money so as to make the transaction a valid tender. The officer ' stated In sub stance that he could not then tell the amount required to cover the filing fees and the charges for making the transcript, as he had not computed the latter, but that appellant was fin ancially responsible and good for the necessary payment. In this state the matter was allowed to rest until Au gust 15 when the clerk endorsed the transcript, "Filed July 24, 1911." On motion of the respondent the circuit court dismissed the appeal on the ground that the transcript was not filed within thirty days after the ap peal was perfected and the appellant prosecuted a further appeal to this court .- Burnett,-j. "If the transcrlpjtjor ab stract is not' filed with the clerk..'-of' the .'appellate court within the time provided, the appeal shall be-deemed abandoned and the effect thereof ter minated'." '' L. O. L., sec. 654, sub, J. The "time provided." Is determined by the first clause of that section to be "within thirty days" after the appeal is perfected. These requirements are jurisdictional and failure to comply with them Is fatal. Davis v. Columbia Timber Co., 49 Or. 577, 91 Pac. 441; Burchell v. Averill Machinery Co., 55 Or.113, 105 Pac. 403. Section 1113, L. 0. L., In part, reads thus: "It shall be the duty of the several clerks of circuit and county courts in this state in counties of not more" than 50,000 Inhabitants, at the time of the filing of any suit, action or proceeding for the enforcement of private rights, Including appeals, to exact from the plaintiff or moving party" certain fees scheduled In that section "and no complaint, tran script on appeal, petition, writ of re view or any other-papers in probate proceedings above mentioned shall be filed until such payment Is made." This language Is mandatory not only upon the county clerk but also upon the courts and we cannot disregard It. The county clerk, as the official ser vant of the county In the collection of fees as part of Its revenue, has no power to waive any of the 'provisions of the law prescribing his duty. Not only so but the appellant and his at- PRE-INVENf QM. ' SALE Now is the time to make your purchase in this line Liberal Discounts on every article in our (Continued on page five-) CLASSES 111 BOXING AND WRESTLING Members of the Y. M. C. A. have been working hard the last few days reorganizing their boxing and wrest ling club. Already 25 or 30 young men have expressed their desire to become members, and in a short tne regular .classes will be organized among them. The officials of the Y. M. C. A. are very much In favor of the movement, and are assisting' In every way. Professionalism In any form will be barred, and the classes will he offered strictly for the exerciBe education and amusement'' of the young men. A competent instructor will be in charge of the classes, and the members will have an excellent opportunity to become proficient 'in these ancient and manly arts. ' ' I o '. ' JUDGE KELLY IS SETTLING PRELIMINARIES Judge Kelly arrived in the city. this, morning, and this afternoon convened the law department of the circuit court. The regular term begins Tues day, and the judge's mission here now is to dispose of all preliminary pleas, and set cases for trial for next week. The afternoon was spent by the Judge in listening to and disposing of motions and demurrers. It was ex pected that the grand jury, which has been at work several days. Investigat ing cases, would report, but Deputy District Attorney Wlnslow, after con ferring with its members, decided that It would not be advisable to submit a report until tomorrow forenoon. The jury, it Is understood, has considered most of the cases, and" after they re port tomorrow there will be but little, if any, work left for. It to do. o THE TAX LEVY TO BE NEARLY THIRTY MILLS Aftor exhausting every scheme to bring the levy of the county low enough so that that in the city will not reach the 30-mlll mark, the board of county commissioners have about abandoned hope,, and when the board meets next month to make the levy It will probably '-ring the city levy up to that. At least, they say, It will not fall far short. The levy made by the board of county commissioners lit year was 8 7-10, hut thex fell short.. .This year too levy swill reach 10 mills, provided that bo bridge ar built ' The peopls at Keylrf and Shellburn are clamor ing for bridges, however, and If the board grants them as 'It seems dis posed to do the levy will be at least 11 mills, if not more. The city levy Is 9 mills, and the levy for the schools In the city is 8 9-10 mills. Those add ed to an 11-mIU levy by the county, brings the total, to 28 9-10 mills. ! O It is useless to advise an aviator not to "go up inithe air,' for that is his business. immense Stock of furniture --:'-rv ; 4 anges Rugs and Carpets Draperies Heaters, Cook Stoves & COOKING UTENSILS AND-IRONS and FIRE-PLACE SETS CROCKERY and GLASSWARE" I WALL PAPER PICTURES and FRAMING A few contract goods only excepted. t ;'., ' ' : ; j The tomato can, but will it? We wish to call your attention to the fact that most infectious diseases such as whooping cough, diphtheria and scarlet fever are contracted when the child has a cold. Chamberlalix's Cough Remedy will quickly cure a cold and greatly lessen the danger of contracting these diseases. This rem edy 1b famous for Its cures of colds, It contains no opium or other na.r cotlc and may be given to a child with Implicit, confidence. Sold by all dealers. Children Cry FOR FLETCHER'S CASTORIV 'When you have ablllous attack give Chamberlain's Tablets a trial. They are excellent For sale by all deal ers. . . Journal '. 'Want Ads Bring Results To Care a Cold In One Day. ' Take Laxative Bromo Quinine Tab lets. Druggists refund money if It falls to cure. E. W. Grove's signa ture is on each box. 25 cents. CASTOR I A Tor Infants and Children. The Kind You Have Always Bought - Bears the Signature of 81 M FRENCH FEMALE -PILLS. A flan, CmTai Riuvr fct Burnmnv Mamretratiuaf, NLVEh KNOWN TO Mil. Safet Sun! Bpeedr I Batla faction Guaranteed or Money Refunded. Bot prepaid rorfl.w par box. win wna inem on trial, w m paia ior when relitved. Bamplej Pre. If your druiglst du oot bar thftin tend your ordtra to tlw VWtTCO MCClOAt CO.t JOX Ttf, LAN OA TIB, Ptu Sold lt Salem by Pr. 5. C. 5ton BEBSBSSanaaesEii ostein & Greenbaum's ....Greatest Clearance Sale...... Dry This Store has always catered to the farmers' and workingmen, . ' and is regarded by them as a xlace to save money. During this sale you will find liberal redactions from our already reasonably low prices on ' Goods, Clothing, Furnishing Goods and Shoes All Broken Lines Fax Below Cost to Clean Up Lace Curtains 75c Lace Curtains, now pair ....6t $1.25 Lace Curtains, now pair ..$1.00 $1.65 Lace Curtains, now pair . . . $1.85 $2.50 Lace Curtains, now pair .. .11.90 1 Bed Spreads . (All Large Sizes) 75c Bed Spread, now 60c $1.25 Bed Spreads, now $1.00 $1.76 Bed Spreads, now ..$1.2" Petticoats , 75c Petticoats, now 50c $1.50 Petticoats, now ,. $1.00 65c Knit Petticoats, now 4!lc ' Ladies' and Child ren's Underwear " '.!..:, .., 25c Ladles' Underwear, now ... .20c 50c Ladies' Underwear, now . . . .89c 75c Ladles' Underwear, now ....59c $1.00 Ladles' Union Suits, now . .79c $1.50 Ladles' Union Suits, now $1.10 25c Children's Underwear, now ..20c 60c Children's Underwear, now ..40c All odds and ends of 50c and 60c Chil dren's Wool Underwear, to close out, at, a garment 25 Cents Men's Work Gloves 25c Leather Gloves, now , 60c Leather Gloves, now , 75c Leather Gloves, now ., $1.00 Leather Gloves, now $1.25 Leather Gloves, now ....20e ...40c ,...9c ....80c ....We Shoes . About 200 pair Men's Shoes and Oxfords to close out at $105 ad uo Shoes About 200 pair Children's Shoes, to close out 60c 75c, $1.00, 2 Hourr Specials To make this the greatest sale we ever had we will offer each day "a different special of some staple article far b elow wholesale cost for two . hours. From 8:30 to 9:30 a. m. From 4:30 to .5:30 p. m. The article will be displayed each day la our north window. DeceBuber 29 65c Embroidery Flouncing 25c yd 25c " Bands . ; 10c yd Shoes 250 pair Ladles' Oxfords and Shoes to close out at - "5c $1.00 and $1.25 Shoes About 25 pair of Ladles' French heel Shoes', to close out at pair 25 240 and 246 Commercial Street Men's Pants $1.00 Men's Pants.'now '..$.85 $1.25 Men's Pants now $1.00 $1.50 Men's Pants, now $L2- $2.00 Men's Pants, now $1.50 $3.00 Men's Pants, now $235 $4.00 Men's Pants, now (3.00 $3.00 Corduroy Pants, guaranteed not to rip or tear, now $1-" Men's Suits Best all wool suits, regular $15.00 values, now $10.00': All wool suits, regular $12.00 values, now .; ..;..,.', $8.50 Regular $10.00 values at :..'...$" "O- Regular $7.50 values at ....... .$5.00 All odds and ends id Butts. 1-2 Price Boys' Suits $2.75 -Boys' Suits, now $iJ $3.50 Boys' Suits, now $4.00 to $5.00. . Boys' Suits, now..$3 All odds and. ends In Boys' Suits Less than half price Mehrs Underwear ..39e ...39c .. .S5 .$1.15 ..S0C 50c derby ribbed underwear . 50c heavy fleeced underwear . i $1,00 wool underwear $1.50 wool underwear 1 $1.00 derby ribbed union suits Men's Hats $1.25 Men's Hats now $1.50 Men's Hats, now $2.00 Men's Hats, now $2.25 Men's Hats, now $2.75 Men's Hats, now ..$1.00 .$1 ,.$1.J' .$2.00