PAUT CAPITAL JOPRJAL. SALEM. OREGON, Til SPAY. JA3UABY !, 1912.
fagb rm
THE BEST VALUES ARE ALWAYS HERE
Handkerchiefs
2 for
Sc
Pure Linen
Handk rchiefs
4hc Ea.
1 Lot of Ladies
and Misses Un
derwear 12 l-2c
A GARMENT
To close out the line.
Woolen Blankets
$7 and $6 values
$5.25
IP Per Cent Less on Any and All White Merchandise
Silk Waists
$1 .98
Muslin and Long Cloth
NIGHT GOWNS
Prettily Trimmed
Values to $1.50
98c
Embroideries
up to 12 ins. in width
7c
Per Yard
Men's Suits and
Overcoats
20 to 50
LESS
Silk
Petticoats
$2.85
White
Petticoats
Values to $1.50
98c
OREGON SUPREME COURT DECISIONS
Fill Text Published by Courtesy of I. A. Turner, Reporter of the
Supreme Court
Johnson v. White, et ill, Multnomah void. Upon trial the circuit court
Coor-ty. i found. In part, that the certificate and
Mary . Johnson, respondent, v. tox deed were void on account of the
Charles A. White nd Pauline M. fa"'"e of the sheriff to make such
White, his -wife, Burt Brown Barker, ret"rn- The note and mortgage of
trustees, Atlee W. Stricklcr, Arthur P'aintiff were admitted.
Stipe and George Wetherby, defen-! Bean J. Unon this anneal Wpti.
dants. George Wetherby, defendant dant Wetherby contends that plaln-
and appellant. Appeal from the cir- tiff was not authorized to make hiin
cult of Multnomah county. The Hon. a party to the suit. The tax deed,
John B. Cleland, Judge. Argued and upon Its face, shows defendant to he
miDimueu January z, i9iz. George
"OUR PERSOMAL GUARANTEE
TO ALL SKIN SUFFERS."
Wetherby for appelant. George P.
Lent for respondent. Bean, J. Af
firmed.
Decided January 9, 1912.
This Is a suit to foreclose a mort-
Rap;e on the north half of southwest
quarter of section 12, township
1 south, range 4 east, W. M., execut
ed by defendant Arthur Stipe to
plaintiff on July 3, 1904, to secure a
note for $465. From a decree In favor
of plaintiff, defendant appeals.
Plaintiff alleges in addition to the
usual form as to the mortgage, thnt
ueienaant, ueorge Wetherby, pur
chased the mortgaged premises at a
tax sale for the taxes of 1904 amount
ing to $5.08, and for those of 1907
amounting to J5.40; that each, of the
defendants have, or, claim to have
some right to, Interest In, or Hen
upon said mortgaged premises, but
the same, If any exists, la subsequent
In time and Inferior In right to the
lien of plaintiff's said mortgage; that
plaintiff tendered to Wetherby the
sum of $20, the amount of the taxes,
Interest and penalties, and deposited
the same In court for that purpose.
Defendant Wetherby answered sep
arately, affirmatively alleging that on
the 26th of December, 1905 the sher
iff of Multnomah county, Oregon,
duly sold to this defendant, the real
estate described In plaintiff's mort
gage for delinquent taxes assessed
thereon for the year 1904, amounting
to $5.08, and Issued a certificate
therefor; that on the 29th day of De
cember, 1908, said sheriff executed a
tax deed of said real property to this
defendant, which was duly recorded;
that defendant Is the owner In fee
simple of the land, and prays that lie
be declared such owner, and entitled
to the possession thereof.
Plaintiff demurred to the new mat
ter in the answer, and upon the same
boing overruled, replied, denying the
issuance of any valid certificate of
sale for such taxes, or the execution
of any valid deed to said proprty by
the sheriff, and alleging that the
same were void for the reason, among
others, that the sheriff failed to make
a return of the sale of said property
for the year 1904, as required by
law. Therefore the certificate and
ieed executed thereon were wholly
a grantee and to have an Interest In
the mortgaged property.
ine owner of the equity of re
demption Is frequently a grantee.
either directly or remotely, from the
mortgagor, and such grantee, as long
as he retains an interest in the prem
ises, Is a necessary party to fore
closure; and no decree can be ef
fective against him unless he is
Joined. 9 Enc. of Pleading and
Practice, 305. All persons Interested
in the mortgaged premises should be
made parties, otherwise they would
be entitled to redeem. Landon v.
Townsend, 112 N. Y. 93, (8 Amer. St.
Rep. 712) ; Watts v. Julian, 122 Ind.
124. The complaint, however, shows
that defenadnt Wetherby claims to
be a grantee of the premises, subse
quent to the giving of the mortgage
which complies with the rule In 9
Enc. of Pleading and Practice, 377;
Mann v. State, 116 Ind. -383; Hoes v.
Boyer, 108 Ind. 494.
Sec. 3108 B. & C. Comp. provides
that "all taxes which may hereafter
be lawfully Imposed or levied upon
real property shall be and they are
hereby declared to be a Hen on such
property from and including the day
on v)Ich the warrant authorizing
the collection of such taxes Is issued
until they should be paid, or until
the title shall rest in the purchaser
upon sale for such taxes. "
Sec. 423, L. O. L., relating to the
foreclosure of Hens upon real prop
erty, requires that .ny one having a
lien subsequent to the plaintiff upon
the same property shall be made a
defendant in the suit, and any per
son having a prior Hen may be made
defendant at the option of the plain
tiff, or by order of the court when
deemed necessary,
that this defendant was not regular
ly made a party to the suit
waived this point by pleading for af
firmative relief.
Plaintiff contends that the facts in
defendant Wetherby's answer were
not sufficient to support any title of
defendant to the land, for the reason
that said defendant did not allege
that there was any tax levied upon
the property for the year 1904, or
any warrant Issued for the collec
tio nthereof, or any teturn of sale by
the sheriff, and that the separate an-
We have been in business in this
town for some time and we are look
ing to build up trade by always ad
vising our patrons right.
So when we tell you that we have
found the eczema remedy and that
we stand back of it with the manu
facturer's iron clad euaranteo.
backed by ourselves, you can depend
upon it that we give our advice not
In order to sell a few bottles of med
icine to skin sufferers, but because
we know how It will help our busi
ness if we help our patrons.
We keep In stock and sell, all the
well known skin remedies. But we
will say this: If you are suffering
flm any kind of skin trouble, ecze
ma, psoriasis, rash or tetter, ws
want you to try a full size bottle of
D. D. D. Prescription. And. if it
does not do the work, this bottle will
cost you nothing. You alone to
Judge.
Again and again we have seen how
a few drops of thl' simple wash ap
piled to the skin, takes away the
itch, instantly. And the cures all
seem to be permanent.
D. D. D. prescription made by tho
D. D. D. Laboratories of Chicago, is
composed of thymol, glycerine, oil of
wlntergreen and otbr healing, sooth
ing, cooling Ingredients. And if you
are Just crazy with itch, you will
feel soothed and cooled, the itch ah
soiuteiy washed away the moment
you applied this D. D. D.
We have made fast friends of more
than one family by recommemHmr
this remedy to a skin sufferer here
and there and we want you to try It
now on our positive no-pay guaran
tee. J. C. Perry. Prueelst.
A Poor Weak Woman
As she is termed, will endure bravely and patiently
agonies which a strong man would give way under.
The (act is women are more patient than they ought
to be under such troubles.
Every woman ought to know that the may obtain
the most experienced medical advice free of charge
and in absolute confidence and privacy by writing to
the World' Dispensary Medical Association, R. V.
fierce, M. D., President, Buffalo, N. Y. Dr. Pierco
nas been chief consulting physician of the Invalids'
Hotel and Surgical Institute, of Buffalo, N. Y., for
tH Ter, wider practical experience
jn the treatment of women ' diseases than any other physician in this country.
111 medicines are world-famous for their astonishing efficacy.
The most perfect remedy ever devised for weak and deli
cate women is Dr. Pierce's Favorite Prescription.
IT MAKES WEAK WOMEN STRONG,
H, SICK WOMEN 'TELL.
oti.m-l,Dl",ldJ"rie(, ymptoms of woman's peculiar ailments are fully tet
revi.eJ . a En41 i8h in ,h People's Medical Adviser (1008 pages), a newly
receint ,nS1uP-t-dte Edition of which, cloth-bound, will be mailed frte on
31 one-cent stamps to pay cost of mailing onh. Address as above.
swer of said defendant amounts to
no more than a legal conclusion.
Neither Is there any allegation of
ownership of the property at the
time of the assessment Thi farta
usually contained In such certificate
of sale and tax deed, are not set out
In the answer.
It is contended by defendant Weth
erby that In a suit to foreclose a
mortgage, the court has no Jurisdic
tion to determine ji alleged title,
paramount to that of the mortgagor.
when set up by a defendant.
It Is sufficient ir regard to this
contention to refer to the answer of
defendant, which we think does not
set up a title paramount to the mort
gagor and which is a mere claim for
taxes subsequent to the date of plain
tiff's mortgage, (Mlddlton v. Moore,
43 Or. 357) and does not come with
in the rule enunciated in Gennes v.
Peterson, 54 Or. 378.
By Sec. 3127, B. & C. Comp., a sher
iff's tax deed is made prima facie
evidence of the regularity of the tax
proceedings, including the sale. This,
hoewver, may be overcome by proof
to the contrary. Bretano v. Bretano,
41 Or. 15, 19.
A careful examination of the evi
dence herein leads us to believe that
the finding of thn trlnl
effect that the tax deed of defendant.
If it be conceded was void, is correct. It is shown by
the evidence that an unsigned mem-
he orandum was mada in the sheriff's
omce, of the sale of 80 acres in the
section described, to this defendant,
and the amount the same sold for.
Sec. 3118, B. & C. Comp., then in
force, provides that a warrant for a
collection of delinquent taxes must
be executed and returned In like
manner as an execution against
property. The requisite steps to be
taken under this statute are plainly
set out by Mr. Justice Eakln in
Ayers v. Lund, 49 Or. 303, 308, and
we need only to refer to the same.
The decree of the lower court Is
therefore affirmed.
o
Thn Tlnnc-pr nf Ij Krlnnn
is its fatal tendency to pneumonia To
cure your la grippe coughs take Fo
ley's Honey and Tar Compound. R. E.
Fisher, Washington, Kas., says: "I
was troubled with a severe attack of
la grippe and nothing I used did me
any good and I was threatened with
pneumonia. A friend advised me to
use Foley s Honey and Tar Compound
and I got some at once. I was re
lieved from the very first. By the
time I had taken three bottles my la
grippe was gone, i neneve roieys
Honey and Tar Compound to be the
best medicine I ever used and always
keep a bottle with me." Red Croea
Pharmacy (H. Jerman).
o
CITIZENS OBJECT.
(Continued from page one.)
0
Councilman Hill also talked on tho
subject along the same line when
the mayor put an end to all discus
sion by Inquiring M there was any
One else Who desired tn tnlli nn a
subject which was not before the
house.
"Just a word or two,' said FIro
Chief Savage who had not got in on
the testimonial meUng yet, but the
mayor ignored him, and directed the
clerk to proceed with other business.
Committee Reports.
The public building committee re
ported, making recommendations in
favor of Improving the city hall. It
recommeended that an elevator be
installed and that it be rewired, and
a resolution was finally passed in
favor of the latter. It recommended
that the city attorney be given two
rooms adjacent to he council cham
ber, and that the rooms be so ar
ranged that the police court would
have more room than at present.
Routine Rnslness.
A resolution directing the Installa
tion of a hydrant at Ferry and Lib
erty streets was passed.
Resolutions directing the installing
of arc lights at Nineteenth and D
streets; on Cottage between Union
and North Mill creek; on the corner
of High, and Miller; on Twent.y-
lourin street, anu cnemeketa, were
passed.
The mayor disallowed the bill rf
the Portland, Railway, Light & Pow
er company for cluster lights in the
city, because it had failed to placa
underground conduits in connecting
the posts on Wilson Avenue Park ant
his action was sustained by the coun
cil. After listening to an opinion by
City Attorney Page and finding no
opposition from the council, Mayor
Lachmund approved a bill for tha
construction of a bridge in Rich-
Imond addition. It was built by R.
C. Hallberg, and seemingly on an un
derstanding that the city should pay
half of it.
Wm. Manning was re-elected park
'commissioner.
Geo. Brown was named to succeel
Geo. F. Rodgers as a member of the
park board.
I A number of bids were submitted
: for lateral sewers In the city and re
ferred to the sewer committee.
Chief of Police Hamilton submit
ted a bid from the Salem Iron works
for the construction of two cells 'n
the city jail and it was referred to'
the public building committee.
Councilman Rlgdon was appointed
as a committee of one to ascertain
Just how the chief of police was
progressing In serving assessment
notices for the Union street Bewer.
The committee on the mayor's mes-
scage reported, referring that portion
of it relating to water and water
power to a commltl.ee of five to be
appointed by the mayor; that portion
relating to health and police to the
police committee; that portion relat
ing to underground wires to the
street committee; that portion relat
ing to bridges to the bridge commit
tee; that portion relating to fire pro
tection to the fire committee; that
portion relating to the regulation of
telephone companies to the ordi
nance committee and that relating to
the regulation of the quality and
price of gas to the light committee.
The mayor appointed on the water
committee, Councilmen Rlgdon,
Brown, Pemberton, Jo"p and Sleg
mund. It was reported that the militia
company by the use of streamer
lights in the armory was bringing
the light bill up to $50, while it paid
a rent of but $20 a month and a mo
tion was made directing a represen
tative of the company to appear be
fore the council at its sext meeting
and explain.
o
MAY VETO ORDINANCE.
(Continued from page 1.)
"Just Say"
SJORLICK'S
It Mtans
" Original and Ganulnt
MALTED Itl ILK
Th Food-drink (or All Agis.
More healthful than Tea or Coffee.
Agrees with the weakest digestion.
Delicious, invigorating and nutritious.
Rich milk, maltod grain, powder form.
The man who knows the world Is t i.i.r unni iwie
going to the dogs probably is helping! f ...
it considerably. I Others are mutation.
signed the ordinance or If he would
indicate just when he would sign it,
he continued to remain non-committal
save to say that he had not
signed It yet This fact, together
with the further fact that the may
or's views on the occupation tax and
which are public, serve to strengthen
the belief that unless the occupation
tax measure passes the council next
Monday evening that the mayor will
veto the saloon ordinance.
Can Not Override Veto.
Should the mayor veto the meas
ure, then those favoring a higher li
cense would not be able to muster
enough votes to override it as the
vote last night stood 9 to 5. Certain
it is that none of the five will change
and there is a possibility that one or
two of those voting In the affldma-
tive will change. Councilman Rig
don last evening made it clear that
he was not certain whether he was
doing just right In voting for a raise
of the Ucense. He expressed him
self as opposed to saloons but that
they were here and that the ques
tion before the council was the prou-
osition of so regulating them aa to
get the most possible revenue from
them. Councilman White expressed
himself in favor of a lower license
but voted in the affirmative In view
of this there is a possibility of a
change In favor of the saloon men and
even though there Is no change, the
veto would be sustained.
Mayor's Attitude.
The mayor Is In favor of a general
occupation tax. An ordinance cover
ing that subject will be presented to
the council at its next meeting. Ho
believes that every merchant and
trader in the city is receiving bene
fits from the saloon men as through
a tax they pay for police protection
and also pay for many other .van
tages enjoyed by all. He Is inclined
to think that if a raise is to be made
In their license that every other
business should also be taxed. The
purpose of the raise is to pay off tha
city's indebtedness, and he feels that
In this effort everv hiiRinpsa mnn
should give a helping hand not the
saloon men alone. . In view of th's.
therefore. It Is pretty safe to predict
that unless the council passes the
occupation tax, the mayor will veto
the saloon license ordinance passed
last night.
o
CASTOR I A
For Infants and Children.
The Kind You Have Always Bought
Bears the
Signature of
BEWARE OF SUDDEN ATTACKS
THAT MAY PROVE DEADLY.
YOU CAN SOON REPEL THE
MOST DANGEROUS WITH
m. KING'S
NEW DISCOVERY
THE MOST INFALLIBLE CURE FOR
COUGHS AND COLDS
WHOOPING COUGH
AND ONLY RELIABLE REMEDY FOR
THROAT AND LUNGS
PRICE SOc AND $1.00
mm SOLO AND GUARANTEED BYBB2
J. C. FERKI.
Appearances are deceptive. Many a It is easier to criticise your friend
meek looking woman has all the hill whpn ha fa ahaon t than 1
. 4 wuuy. u v uiau Tv 11c 11 lie i in a
collectors and grocers scared to just loaned you a tenner.
BARGAINS
in Portieres and
Couch Covers.
If you need ANYTHING in the
w r a- v .
nome-rurmshing line you will be
WW . w ...
well repaid by visiting our PreIn
ventory Clearance Sale. Riv Dis.
" - zy -
counts on everything except a few.
contract articles.
A Few of the Many Good Values to be Found
in Our Drapery Department During the Sale.
Armure Portieres, good quality, attractive designs.
$7,50 values ,now $5.85
$10,00 values, now ...$8.45
$15,00 values, now ..$10.00
Beautiful one tone Portieres in a variety of artistic
colorings with vedure and Uobelin borders.
$4,00 values, now $3.25
$4,50 values, now $3.75
$8,50 values, now $7.00
$7,25 values, now $5.75
$10,00 values, now ...$8.50
$14,50 values, now ..$11.50
Novelty Portieres in artistic colorings and beautiful
designs.
$8,50 values, now , $6.75
$10,00 vaules, now ...$7.75
$15,00 values, now ..$10.00
Fringed Negus Couch Covers, $2.25 values, now.. $1.85
Unenta Neeus Cnur.h Hnvprc. M waiime ck
Kashgar Couch Covers, $3,50 values, now ....$2.65
Tapestry Couch Covers in latest Verdure designs
ana beautiful colorings. ft g q r
$7.50 values now .... nbOmOO
- w
Liberal reductions on all Lace
Curtains and Drapery Fabrics
Salem Fence Works i!
Headquarters for Weven Wire
Fencing, Hop Wire, Barb
Wire, Poultry Netting, Shim- ''
glee, Malthoid Roofing, P. ft. I '.
'. '. B. and Ready Roofing. All at ; ;
; ; the lowest prices.
i! CHAS. D. MULLIGAN
J 360 Court street Phone 114 ;
MM MM MM
Huie Wing Sang Co.
i: All Goods at Sacrifice Prices
We make up a great many Wrappers, Waists, Klmonas, White Un
derwear and House Dresses. We carry all kinds of Dress Goods and
Silks, etc. Notice and compare our prices.
Illg stock of Gents' and Ladles' Furnishing Goods, Coats, SuitB.
$2.75 Sweaters $1.83
$3.00 Children's Coats.... $1.H0
$3.50 Fancy Waists $2.50
15c Hose ,. joc
$2.00 Pants $1.25
$2.50 Comforters
$2.40 Klmonas
75c" yd. Dress Goods, now
$1.75
$1.59
50o
I $1.50 Umbrellas, now $1.00
$2.00 Men's Flannel Shirts,
now. . $i.2.-
$5.00 Ladles' Fur Sets
now $3.50
Wrappers, $1.00, $1.25, $1.50
and up.
Nightgowns, 50c, 75c, $1.00,
$1.23, to $2.00.
Scarfs, 50c, 75c, 85c, $1.00 to
$2.85.
I 325 N. COMMERCIAL ST. SALEM, OREGON
M