fAG rocs Dim CAPITAL JOURNAL, SALEM, OREGON, FRIDAY, DECEMBER 29, 1911. GOATS PAY BUTTIIITO RESERVE tonmo nm luiid wiu.I ' Los Angeles, Dec. 29. Angora goats, bewblskered goats, can-eating goats, billy goats and also nannies, attention! " The United States government wants 2,000 of your Ilk to maintain the fire breaks In the Angeles forest preserve provided you can be se cured without cost. Here Is the proposition: R. H. Charlton, forest supervisor at Los Angeles, says U costs the 'government thousands of dollars to keep the fire breaks clear of weeds each year. He figures that 2,000 goats could do this work nicely, enjoying themselves the while. Con sequently he is offering goat ranch ers the free use of a great expanse of government grazing land. ' A GREAT HEW YEAR'S PROGRAM AT THE BLIGH JOHN CHICK AND COMPANY CAP TURES EVERY. AUDIENCE WITH MAGNIFICENT SINGING AND SPLENDID ACTING. Whether or not John Chick and company, the popular comedy actors at the Bllgh, deliberately planned It or not, they have certainly saved the best for the last. The sketch put on last night was freely pronounced not only the best this company has done but the best short comedy seen in Salem this season. Anyone wishing to end the old year in a happy frame of mind can not afford to miss this treat When Miss Mabel Alberta sang her solo the crowd realized that a good play was on. Then Elmer Ballard in his great bass voice followed with another song he was enthusiastically received. When Mrs. Chlr.-k rendered her "And thats a man", the house was convulsed. And when the end of the unique and catchy plot was re vealed the applause would not sub side until the company made the re turn for a second march around the stage. . . Other features of the last program of the year are well up In quality to the rare comedy put on by the John Chick company. Gorman and Phil lips are in a class all by themnelves when it comes to clever talking and dancing stunts. The work of the or chestra Is attracting much attention In complementing the pictures, in as sisting the dancers, and in rendering fine selections during the program. Take in your last 1911 show at the Bllgh and laugh the old year out. A PORTLAND PHYSICIAN TALKS SUNDAY ' Dr. W. S. Knox, one of Portland's most prominent physicians, ' will speak before the regular men's meet ing of the Y. M. C. A. at 3:30 Sundiy afternoon. His subject will deal with the vital question of "sex and health." In his position as a practicing physi cian In a large city, Dr. Knox has bumped up against this question over and over again and has been able to study It In all its forms. He Is an able speaker, as are all men who really have a message to give. Extra music has been provided for the occasion and the orchestra will render several selections. These meetings are being enjoyed by a large number of Salem men both young and old, and It Is probable that a lurge audience will greet Dr, Knox when he delivers his address Sunday. o Some Cold North of I'd. . rvNino nisi f usts wnl Minneapolis, Dec. 29. Weather forecasters here predict that an Icy wave Is due to strike the middle west within a day or tw. Today it was 42 below zero at Prince Albert, Sask., and the low temperature was moving rapidly south. Will Ignore Theodore. Idxitsd riui UUIID wiu.i New York, Dec. 29. The committee here which Is arranging for the "peace dinner' tomorrow night which President Taft will attend, today elected Henry Clews, the banker, general chairman, Instead of Mayor Gaynor, who refused to serve. The cotumlttee today declared that here after It will Ignore the comments on Its actions by Theodore Roosevelt, o Baker City celebrated Its centen nial yesterday, It being In honor of the first white man, the Hunt party, to set fxt tn that part of Oregon. TO BEAUTIFY AIID IMPROVE FAIR GROUNDS Believing that if it can go before the next legislature will a well-defined scheme as to what Improvements l( Intends to make on the fair grounds, that It can secure the appropriations needed, the State Fair Board, under the direction of Secretary Meredith, Is having maps made, of the grounds, and also has instructed the state arch itect to prepare a general scheme for the beautifying of the grounds and for the construction of buildings. The board went before the last leg' Islature and asked for an appropria tion of $150,000, and $50,000 was ap propriated. When this bill came up to Governor West he vetoed It. The baord not only Intends to ask for this appropriation, but much more added to it, and has begun its campaign. A topographical map of the grounds Is now being prepared by the engineer Ing department. This will show the location of every building, tree and shrub. When completed It will be turned over to State Architect Knigh ton, and, with It Is a guide, be will be asked to formulate a general scheme of Improvements, which will bring the grounds up to a state where they will not only accommodate the fair held here, but make them equal to state fair grounds of other states. o . i A PLETHORA OF HOBOES ATROSEBURG Declaring that the city of Roseburg Is being flooded with hoboes, Mayor JoBeph. Mlclll appeared before the State Railroad Commission today to Inquire If It could not take any steps to bring about a cessation of the im migration of the "unwashed" to that city. Mayor Mlclll stated that both pas senger and freight trains brought doz ens of the undesirables to the town each day. So numerous have they be come, he asserted, that the police find themselves unable to cope with them, and the city authorities have for some time been endeavoring to find a solu tion for the problem. The commission advised him that it was powerless in any way to assist him. o LA FOLLETTE GETS A WARM RECEPTION North Baltimore, O., Dec. 29. With every shop and store in the town closed to bear him speak, Senator Robert M. LaFollette, of Wisconsin, was given a most enthusiastic wel come here today and 2500 arsons heartily cheered him as he explained why he was a candidate for the pres idential nomination. All the way to this city from To ledo LaFollette got a warm, welco ne along the line of the lnterurban elec tric road traveled. At Bowling Green a great crowd blocked the progress of the car on which LaFol lette rode and, on their demand, the Wisconsin senator stood In the door of the baggage car and spoke for two minutes to the throng. At 12:30 today the LaFollette par ty left here for I Ima, where they caught a train for Dayton, where the progressive leader speaks tonight. La Follette party Is hourly growing and It has become necessary for them to have a special car. Most of those accompanying him are representa tives of newspapers who are Joining the tour at every sp. lAFouette s address here was warmly received. o CHINA ELECTED A PRESIDENT. (Continued from Page 1.) revel will reach Its height. Banquets, processions, queer religious ceremon ies and Chinese theatricals are Includ ed In the programe. Bnslness houses are closing down, dancing girls are getting out their most gorgeous cos tumes, tons of chop suey and Fo Young Dan are being prepared In the kitchens and Chinese newsbos are yelling their extras ' of Republican success In China through the thronged streets. lite G. For 30 Yean tb Standard Remedy for DiMtces of Mucous Membranes K&mhani shsrmsriitswfll tell Too Bl C h tfcs intl stiadaid ttmedy for Jiiimi otf am. eaai miihmw dlsrhsrsn from ths most, throsl ' and orinsry orruu. Amid ubatitntc. Toexp ' ifmcnt to dmtmi. Biff G, awd crcrTwbcrtsiiic WPU, nsa proved sal ana miaow, noa-pouonom. antiseptic and toaic in its propertwt, containing no ilrar aitrata, H aalpbata, alcohol, rocaina, Of anr aarcotie. K ma b ased full strength with, at tmt. Wbf not car yoararUT Sold b? drag, lata: rw ahla asprtaa pMoaid. Bpoa feraiptol l. Fall eartwUara amloxd wiln ca latlk auOsd seated ia ilaia amlep a raqowl T5 Cms Owletl C. GaduisL lUt, CIA innrnnit cimntrur uncuuu ournuiir. COURT DECISIONS Henderson t. Lemke, Multnomah Co. Decided December 19, 1911. P. W. Henderson, appellant,, y. Henry Lemke and Agnes Lemke, re spondents. Appeal from Multnomah County. Hon. John B. Cleland, Judge. Argued and submitted Dec. 6, 1911. EL S. J. McAllister (McAllister & Up ton on brief) for appellant James Cole (Cole & Cole and J. O. Wilson on brief) for respondents. McBride, J. Reversed and new trial ordered. This Is an action to recover com missions upon a real estate sale. The complaint alleges, In substance, that plaintiff Is a real estate dealer in Portland, Oregon; that at the date of the alleged contract defendants were the owners of certain real estate which Is described In the complaint; that on August 20, 1909, defendant Henry Lemke, acting for himself and as the duly authorized agent of Agnes . Lem ke, gave to plaintiff the exclusive right to secure a purchase for the period of five days the purchase price of the property to be $10,000; and defendants agreed to, pay plain tiff, as commissions for his service In securing a purchaser, the sum of 5 per cent on the first $2000 and 2 V4 per cent on the balance of the pur chase price, which agreement is in the following words and figures: "1 hereby agree to pay to P. W. Hen derson a legal commission of 5 per cent on the first $2000 and iVi per cent on the balance, provided any customer shall purchase my property who has been shown the property by P. W. Henderson at any time." Signed "H. Lemke." That plaintiff produced a purchaser, within the period, who was able, ready and willing to purchase the property on the terms of the sellers; that thereby the commissions were earned and became due and payable. There was a denial of all the ma terial facts stated and the case was called for trial. On the trial defen dants objected to the Introduction of any testimony on the ground that the complaint did not state facts suffi cient to constitute a cause of action, and after consideration the objection was sustained. The specific point to defendants' objection was that the alleged contract was within the stat ute of frauds and therefore void. That portion of the statute pertaining to the matter 4n issue is Sec. 808, L. O. L., and reads as follows: "In the follow ing cases the agreement Is void un less the same or some note or mem orandum thereof, expressing the con sideration, be In writing and sub scribed by the party to be charged, or by his lawfully authorized agent; evidence, therefore, of the agreement shall not be received other than the writing, or secondary evidence of its contents in the cases prescribed by law. 8. An agreement entered Into subsequent to the taking effect of this act, authorizing or employing an agent or broker to sell or purchase real1 estate for compensation or a com mission." Plaintiff appeals. McBride, J. We are of the opinion that the contract Is valid and not In contravention to the statute of frauds. It amounted to an employment of the plaintiff to show the property which defendants owned, and practically stipulated that If he did so and a sale in defendants terms followed that la bor, then defendants were to pay a commission. Here the thing to be done by plaintiff Is to show the prop erty. If he does that he has paid Ills price for the commission. It Is the consideration for the contract. It is not necessary that the consideration be stated In exact terms if it can be made out clearly from the whole wxUs ing. Straight v. Wight, 60 Minn. 515; Union Bank v. Coster, 3 N. Y. (3 Comstock), 53 Am. Dec. 280; Barney v. Forbes, 118 N. Y. 580; Laing v. Lee, 20 N. J. L. 337; Marquand v. Hipper, 12 Wend. 520. The objection that the contract Is void because It does not state the sum which was to be paid for the prop erty, is untenable. It was sufficient If a purchaser who had been shown the property, presented himself and was ready, able and willing to pur chase for any price .that defendant saw fit to ask. The agreement . does not limit defendants to any specific price; they had a perfect right under It to make the price $5000 or $100,000 but It they did fix the price and It was paid or the purchaser was ready to pay It, they were liable under their promise. The argument that the memoran rum Is void because it does not de scribe the property Is not tenable. This is not a contract for the sale of real property but a contract for the services of a person to find a pur chaser. It is Immaterial what the description of the property Is if it can be identified, and while the com plaint Is not so definite in this respect as it could have .been made, we think, In the absence of a motion to make definite, It is sufficient: Baird v Loescher, 9 Calif. All. 65; Sanches v Yarba, 8 Calif. App 490. The evil, which It was the object of this statute to remedy, was to put a stop to a once prevalent practice of real estate brokers of claiming commissions. Here what both parties were to do clearly appears from the writing "signed by the party to be charged." For the purposes of the motion to dismiss, every allegation of the com plaint is taken to be true and, there fore, we have a case presented in wh(ch defendants agreed In writing that, If plaintiff should perform a cer tain act and a sale upon defendants' terms resulted, defendants would pay plaintiff a specified commission; and that plaintiff performed his part of the contract to the letter. It is true that the statute of frauds ought to be enforced even though the results may be harsh and Inequitable, but courts ought not to give It a forced and far-fetched construction where such Interpretation will affect a fraud greater than that which the statute was designed to remedy. We are of the opinion that upon a fair construction this contract does not contravene the law. The judg ment Is reversed and a new trial ordered. BODIES ARE DEVOURED BY THE DOGS NEWSPAPER MAN TELLS OF CON DITION'S IN HANKOW HUN. DREDS OF THOUSANDS ARE STARVING IN CHINA'S LARGEST CITIES. . DNITID FUSS LS1SID Will. San Francisco, Dec. 29. Dogs are devouring the bodies of the dead In the streets of Ill-fated Hankow, ac cording to G. Wybrands, editor of a Batavia, Java, newspaper, who re turned from China on the Chyo Maru, and hundreds of thousands of desti tute, starving persons In the big cities of the war stricken country arc giving the infant republic a drastic situation to face at its very birth. The Rev. John Wesley Hill, presi dent of the International Peace For um and pastor of the Metropolitan Temple, New York, arrived on the same ship, bringing a greeting from the emperor of, Japan to President Taft o SHOWS GIRL WAS FRUGAL WITH TRUTH rCKlTID FUSS UlUD WIBS.l San Francisco, Dec. 29. Most of to day's session in the trial of Dr. Otto C. Joslen on a charge of betraying Ethel Williams, under promise of mar riage, was consumed by the defense In the examination of Arthur H. Retz loff, and but one point established. Retzloff admitted that he made Miss WIlllamB the beneficiary of an insur ance' policy In January, 1909, and that the girl at that time gave her age as 18, at variance with the age now given by her. Efforts by Attorney Shortrldge for Joslen to show anything derogatory to the complaining witness In her rela tion with Retzlot ffell flat. Joslen's counsel was twice admonished by Judge Lawlor, after long stjetches of unproductive questioning, to proceed at once to some material Issue, but was unable to open up a single vein of testimony that reflected upon the girl. Rotzloff frankly admitted making presents to the girl. He declared that he had never taken her to questionable resorts. The witness took every op portunity to Indicate that their rela tions were above reproach. He punc tured one line of testimony which the defense has apparently been holding In reserve, by declaring, In answer to a question that the woman with whom he had drinks In a certain cafe was not Ethel Williams, but another wo man, whom he volunteered to produce In court. Cross-examination of the witness Is In progress this afternoon. TEDDY WILL REFUSE TO TALK OF IT (nun-ID rani umu wixb. New York, Dec. 29. As the result of embarrassment caused by stories cir culated and printed as to the motives attached to visitors' calls upon him Colonel Theodore Roosevelt today an nounced that hereafter he will not dis close, the names of his callers, or their business. He does not state the spe cific Instance that has caused the rul ing. o A 11-year-old boy, Douglas Wheel er, of The Dalles, pointed a gun at his playmate, Nicholas Mason, aged 8, Wednesday, and remarked, "I am go ing to kill you." The fact that the bullet missed a vital spot prevented him from keeping his promise, and Mason will recover. It was a dandy Chicken Pot Pie The Chef's Favorite By Mrs. Janet McKenzie Hill, Editor of tht Boston Cooking School Magazine Some folks think that only "cotored rammies" can cook chicken, bat atrial of this famous chicken pot pie disproves that assertion. Every member of the family will thoroughly enjoy it - I C Cklckaa rot ri. Bakad DasapUaas One fowl cut in joints cup flour, teaspoon ul salt; black pepper; 2cups flour; 3 level teaspoonuls K C Baking Powder, teaspoonful salt; cup shortening; milk or cream. Cover the fowl with boiling water and let simmer until tender, then remove to a baking dish. Mix the cap floor, salt and black pepper with cold water to a smooth paste and use to thicken the broth. Remove the fat from the top of the broth if necessary before adding the thickening. Pour this gravy over the fowl, until it is nearly covered, and re serve the rest to serve apart. Sift to gether the flour, baking powder and salt, three times; into this work the shorten ing and use cream or milk to make a dough, less stiff than for biscuits. Pnt this ty spoonfuls over the fowl in the dish, : which it should rest upon and completely cover. - Let bake about 35 minutes. When room, trader chickens are scarce, this presents a most satisfactory war of serving old fowls. Veal or lamb prepared in this manner is more appetising than when served as a stew. Try this and the 89 other delicious recipes in the K C Cook's Book, a copy of which mar be secured free by sending the colored certificate packed in the 25-centean of K C Baking- faw ner to the jAgcM lire. Co., Chicago. THE RUSSIANS CAPTURED THE PERSIAN CITY I DNITID PEB8S LJCAHEP WIR1.1 St. Petersburg, Dec. 29. Russian troops have formally occupied Tabrlh, Persia, after bombarding the official headquarters for two days, and the town Is again reported quiet! A de tachment of the Fifth regiment rifle brigado Is guarding the property of the deputy governor-general, who fled to the British consulate. o ADVOCATES MUNICIPAL DANCE HALL DNITID FIESS LCAB1D WIB1.1 Oakland, Cal., Dec. 29. The sugges tion that a new city auditorium here should Include a municipal dance hall for boys and girls, a skating rink and other similar features has come from Rev. Albert W. Palmer, pastor of the Plymouth Congregational church, lna letter to Commissioner of Public Health and Safety Fred C. Turner, which will be referred to the city council. The Rev. Palmer's letter contains many suggestions as to what the new auditorium should provide, which will probably' be followed In drawing np the plans for the structure. s o - VANCOUVER HAS A COSTLY MORNING FIRE tJHITD FB1SS LSASBD. WlaS. Vancouver, B. C, Dec. 29. The premises of the Terminal Construction & Manufacturing Company, Ltd., situ ated at the corner of Yew street and Eleventh avenue, Kltsilano, were, at 2:15 this mornlns, completely gutted by fire. Manager E. W. Falls stated this morning that the approximate dam age Is estimated at $25,000, fully cov ered by insurance. BALDWIN'S PAROLE IS REVOKED f rif iTaD Pitsa leased wins. Sheriff Harry P. Minto received ad vices this morning from the chief of police of Seattle that he has under arrest In that city C. S. Baldwin, alias C. 8. Allison, and the sheriff will leave for that city tomorrow armed with extradition papers for his return. , Baldwin was an operator for the Oregon Electric at Woodburn, was arrested in November, 1910 and for embezzlement of the company's funds He was sentenced to a one year term in the penitentiary in April of this year but paroled by Judge Kelly. Yesterday the judge revoked his par ole, and Baldwin will have to return and serve his one year. Home-made things are often the the best Especially is this true of home-made man. A MILLIONAIRE TRAMP AT THE GRAND TONIGHT President Taft or our genial ex President Theodore Roosevelt may not visit our city on their coming tour of the country, but Harry J. Webster, the well-known theatrical firm, has ar-; ranged with the management of the grand opera house to bring Its well- known comedy drama, "A Millionaire Tramp," to our city tonight. This time-tried production will be presented In Its entirety, the best cast of characters ever put together to in terpret a play, all new and special scenery befitting the locality the scenes are laid In, and a grand array of head-line vaudeville acts will be presented during the action of the piece. o SNAP Until January 3d we can sell eight large lots, a whole block for $1000; terms.' 230 ACRES, $70 PER ACRE For a short time only we can sell one of the best dairy farms In the county 170 acres under cultivation, 130 acres in crop, good six room house, barn, windmill; spring wa ter; some fine timber. Will take $2500 city property as part pay, balance terms. CHOICE FRUIT TRACTS CHOICE VACANT I0TS AND HOUSE Sold on Easy Payment WE WRITE INSUR ANCE BECHTEL & BYNON 347 State Street THE BEST PROOF. Salem Citizens Cannot Doubt It Doan's Kidney Pills were used they cured. The Btory was told to Salem resi dents. Time has strengthened the evi dence. Has proven the cure permanent. The testimony Is home testimony The proof convincing. It can be Investigated by Salem res idents. F. A. Sutton, Hoyt & West streets, Salem, Ore., says: "For 10 or 12 years kidney trouble was the plague of my life. I suffered Intensely from pain In the small of my back and was often unable to move. I doc tored and tried a number of reme dies but to no avail, and I was in a bad way when I procured Doan's Kidney Pills at Dr. Stone's Drug Store. They benefited mo at once and after I had taken the contents of three boxes, I i was free from every symptom of kidney complaint. My health is now of the best and for that reason I cannot recommend Doan's Kidney Pills too highly." (Statement given January 31, 1906.) On November 22, 1909, Mr. Sutton confirmed his former statement, say ing: "I willingly reiterate all I have previously said In favor of Doan's Kidney Pills. This remedy cured me three years ago and I have had not return attack of kidney trouble." For Bale by all dealers. Price 50 cents. Foeter-Milburn Co., Buffalo, New York, sole agents for the United States. Remember the name Doan's and take no other. The 18-months-old baby of Mr. and Mrs. H. J. GoBsrude, of Pendleton, as a result of s'lght Injuries, held Its breath for 15 minutes, and was given up for dead, but a physician resusci tated It. When you have ablllous attack give Chamberlain's Tablets a trial. They are excellent For sale by all deal ers. A rat In the trap is worth two In the hair. CASTOR I A Tor Infanta and Children. Tha Kind Yon Have Always Bought' Bears the Signature Portland's Popular Fire-Proof Hotel THE OREGON The House of Comfort Combined With Elegance Our Rathskeller Grill finest dining service in . city, with Hawaiian orchestra from 6 to 12 p. m, Most perfectly furnished, moderate priced, modern hostelry in thfl metropolis of the Northwest WRIGHT '& DICKINSON HOTEL CO. Owners and Managers. Also Operating Seattle Hotel, Seattle. WEST SALEM TRANSFER Passengers Baggaae Connecting with all u-a!nt at West Salem for Dallas, Falls City and Salem. Leaves Journal office for West Salem at 8:40 a. m., lj m., 1:10 p. m and 4 p. m. ev ery day except Sunday. Also for Independence, Monmouth and McMIanvllIe, Leaves Sunday at 8:00 a, m. 1.00 p. m. and 6:15 p. m. Calls at hotels on request. Telephone or leave orders at Capital Journal office any day but Sunday. Phone 82. 5 0 ORDERS TAKEN FOR CALLS MORE THAN THREE BLOCKS FROM CORNER OF STATE AND COMMERCIAL STREETS UNLESS AR. . RANGED FOB IN ADVANCE. J. B. Underwood, Mgr. An Alarm at Night That strikes terror to the entire house hold Is the loud, hoarse and metallic cough of croup. No mistaking it, and fortunate then the lucky parents' who keep Foley's Honey and Tar Com pound on hand. H. W. Casselman Canton, N. Y., says: "It Is worth Its weight in gold. Our little children are troubled with croup and hoarse ness, and all we give them is Foley'g Honey and Tar Compound. I always have a bottle of It in the house." H Jerman, Red Cross Pharmacy. o The farmers of this country are fast reaching the conviction that the parcels post Is a good post to hitch to. ATTENTION LAWYERS We publish legal notices as required by law, furnishing affidavit and proof of pub. Ucation. Fine Brief Work It our specialty. Let us figure with you on your next CAM. Capital Journal SALEM, OREGON Foster & Baker Groceries and Meats It Is almost time to make new resolutions. May we suggest that you resolve to buy your groceries where good quullty, low prices and quick service are given, and has proven such trade winners for us. With our rapid auto delivery service we can reach any home in Salem quickly. Check your wants and phone us. Main 259. CRANBERRIES SWEET POTATOES CAULIFLOEWIt CELERY ORANGES APPLES GRAPE FRUIT WALNUTS, ETC Fresh Country Meats Sausage, tenderloin, spare ribs. Country Dressed Chickens. Begin the new year by ordering your first groceries of Foster & Baker J plaything.