Daily capital journal. (Salem, Or.) 1903-1919, March 06, 1917, Page SIX, Image 6

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Would Force Action on
Salem Bridge By Suit
Against Polk County Court
To lasso aroml lasso Omar,
crowded with aroma to the last
genial whiff 1
Omar aroma! It's a racy yet smooth
aromaa thrill to the senses, a joy to
the soul.
Aroma makes a cigarette they've
told you that for years. And Omar
is aroma. It's the perfect Turkish
blend the triumph of rich Turkish
and ripe accentuating leaves. Then
Omaromar spells aroma. Kven the
words blend.
rSmoke Omar for Aroma,
far y s.
Patents wjjy y
ai l
tv i-
-trii.-titu 01' tie,1 I
-Vt.tc IS tr, ;i'U (if fa,-' t
inn rtmiitv Ici-i inn:e thnn SIT
Mnndun.e yt iii' were brought
af;ain.t the enmities of IVlk ami Mar
inn to roinM- them to forthwith run
utruit a bride a -ros the Wi tlniuTl
river n Center Mrect in spnrd.tne
with the tl:ins a.id salifications if
the state highway rotnttiiisieon. ! lei-ted t mplv on tl
An Older lor the writ of n: lnd-miim 1 "" '""' ' "f
was obtained st 12 o'clock tday from
Chief Justice Thomas A. M-Bride ami
in pursuance of sin h an order tin- clerk
of the supreme court issued the writs
of mandamus and placed them in Un
hands of the sheriff of Marion eomitv
t'ti I tl.it r,-.l
riM'IM!Mlol".l t (1-1 HI I V 11
court, it will :,oi ni.t itt t.i- i oi;
nt Mr,'
t'-h) c'l!
Oregon State Library
Shows Splendid Progress
Tlio biennial report of the Oregon
State Library was submitted by Gover
nor I Withycombo to the Twenty-ninth
legislative assembly nt its regular JJ 17
M'snion. This report covered the work
of the state library for the two yearn
ending September 30, 1917.
Among the iteniH of interest noted in
the report aro the following: The state
library now owns 125,120 volumes. Of
these, SM.B.W aro in tho general lending
collection which serves for tho mail or
der loiins, 20,3lill are in the traveling
library units ail il the remainder in the
document, reference, dobnte and model
nchool librar.t collections.
The greatest progress has been ma do
If the extended use of the library by
the people in small towns and rural dis
tricts. During the month of January,
Hht, there were i4G mail order reqaests
and 555 shipments. With the preseut
force, it is impossible to handle more
than -1(1 shipments a day as the letters
must bo gone over carefully to get an
idea what the people want."
Hookg are not loaned to the people of
Salem except through the publie library,
but loans are made to fanners in Polk
and Marion counties and to people, liv
ing in the small towns around Salem
who flock to the library on Saturdays.
Borrowers have helped select books
for the library as 1,427 volumes have
been bought at the request of readers
during the past two years.
The library service in the state Las
increased until now BO traveling librar
ies may be had, five county library sys
tems. 40: traveling library sta'tions.
The libraries of 2.510 school districts,
li county agricultural stations, 150 high
schools. 32 club stations are helped by
the state library and 5,000 individuals
who have no access to any library what
ever. An idea of the rapid advance of tho
library idea may be hud from the fact
that in August, 1905, there were just
throe, places in the state where books
wore to bo had free ot charge and only
one of these was a tax supported lib
rary. These threo libraries were in
l'ortlnud, Salem nnd Kugene. Tho
schools had no libraries excepting oc
casional small collections of books. At
present, 31 of tho 50 free libraries in
tho state receive support from tho, pub-
lie Ciinita- O't nn J .. I... 1 1 . 1 : -.!
own provided by gifts and nine of the
libraries have over 5,000 volumes. Rose
burg is the only city in the state that
could adequately support n library aud
1 does not.
The stnto library often i called unnn
for books tluit it is uuable to purchase
for lack of funds. There are no books
on hand on dairying though there is a
constant demand for them througii vne
traveling libraries, especially in Coos,
Tillnniook and other dairying counties.
Tuere are only 137 books ou dairying
owned by the library and all of them
are loaned.
Tho report shows that within a few
years it will be absolutely necessary to
secure additional quarters for the state
library. The normal growth is about
15,000 a year. About 50 per cent of the
general loan books nre in use, but in tho
summer time when farmers nre not us
ing them they are returned to tho lib
rary and the housing becomes a dif
ficult problem, especially ns every one
if the 125.128 books must be so placed
end indexed that they can be located
u a minute's notice.
Study clubs from all parts of the
or service at 1 o'clock. Immediately
after nerving paiiers on the Marion
county court, he left for Dallas to serve
On the I'olk county officials.
Decision In 49 Days
By virtue of the 1913 amendment to
t.riil.;.- aid that
1 a:i Cs i.-slnel:t
for Ink-.' ii:ti, cs. at.i..tin t i to
about $r;.i 'On -j.s i a.-ailalde fund.
The fact is r.-rit.-l tha the two
counties f-c;iiiirti-ii the bridge as
a rt of 111-' common highway, to de
teriorate tint l.it become ilaueiuiis to
travel and that the bridge had lieen
closed by joint order ( f the two courts
on January )!!7. That the courts
ooth bad declared it was necessary to
build a new brid and agreed" to
uni c in the buildinj of such.
As all the reouirements of the law
the state constitution, this was filed : had been complied with, the county I
uin-cuy in me- cuprome court, inc court courts having met and agreed on the
of last resort. necessity of building a bridge and that
This means that the bridge question ,ag assessments and levies had been
will be brought to a final decision ; made and the niouev available, the pc
within forty days. The two courts i titioners ask that' the two counties
have twenty days in which to appear j show cause why the bridge thould not
and show cause why the bridge should j be built under" the common law under
not be built according to the plans and which the counties are compelled to
specifications of the state highway
The case is entitled T. A. White and
I'inckney I'ros. Dairy, plaintiffs,
against the county courts of Marion
and I'olk complies. The plaintiffs arc
represented by McXary and McXary.
The suit is brought in the name of
D. A. White and I'inckney Hros. from
the fact that an ordinary citizen who
has suffered no loss from the failure
of the counties to maintain a bridge
cannot bring mandamus proceedings.
But where a citizen or corporation has
sustained injury, they can legally bring
suit under the common law.
Basil fcr Suit Recited
Ttee mandamus recites the losses
sustained by 1). A. White and I'inck
ney Bros, in the failure of the two
counties to maintain the bridge as part
of the common highway.
The mandamus recites that miner the
common luw, counties nre required to
keep in repair nil roads and bridges
anl that the bridge is part of the high
way. That the bridge was constructed
in 1890 by the two counties and main
tained as pnrt of the highway, and that
it has" been approved and selected as
a highway by the state highway com
mission, and maintained as such.
The mandamus further recites the
history of the bridge, its condemnation
b" tho state highway commission, and
the examination made in December of
1910 which resulted in a report that
the bridge has outlived the period of
its usefulness, and that the engineers
would not guarantee its safety even
with repairs or restricted use.
That tho state highway commission
was petitioned to provide drawings for
a bridgo and thot these drawings were
submitted nt a joint meeting of the
two county courts on tho 18th of Jan
uary, 1917, and thnt the county of I'olk
has failed aud neglected to approve of
maintiin a bridjje as part of the public
highway, also alleging that no county
has the right to abandon a public high
way. 'The supreme courfs of several states
have decided that a bridge is a lignl
county road and cannot be abandoned.
, The mandamus writ served on the
two county courts recites:
"Xow- therefore, we command you
that you forthwith proceed to construct
and erect a permanent and suitable
bridge across' tho Willamette river at
Salem, Oregon, between Marion and
Polk counties on Center street; or in
case you fail to agree upon tho type
and character of such bridge within
thirty days from the issuance of this
writ, that you proceed to erect and con
struct a bridge at said point in accord
ance with the plans and specifications
and estimates as prepared and submit
ted to you by the State Highway com
mission, and that you pay for same in
proportion to the assessed valuation of
the property of said counties for the
year 1916. And that you appear in
court on the 27th day of March, 1917,
at 12 o'clock a. m. and then and there
show- cause why you have not done so,
or the cauSe of your omission to do
- This mandamus proceedings in the
highest court of the state will definite
ly decide the bridge proposition, re
gardless of bridgo bill No. 375.
Young man and now is the time for you to prepare in advance for that Spring
Suit Don't wait until the last minute before ordering come in and let us get
your measure now, and we will make thesuit and deliver it to you at any time you
may wish.
You'll want a new suit then; come in and make
your selection now. Take a look at the EXTRA
SPECIALS we are showing this week at
Scotch Woolen Mills
357 State Street
Hogs and Sheep Are
Still Advancing Steadily
Portland, Ore., March 6- Notwith
standing the continued advance in hog
prices on this market for the past two
months, yesterday's market took one
of the biggost jumps in 'value ever
mnde here.
There was but n very light supply
and butchers nnd packers had to get
busy early in order to get anything nt
all. AH the fresh supplies were cleaned
up in the first hour's trading. Ono
loud of prime, light hogs brought $13.50
which was the day's top, while the
bulk of the sulcs of the good packing
hogs being bought at $13.25 and $13.
35. Pigs were advanced another 50
cents. Tho bulk of the pigs brought
$12.00, with sales up to $12.25. The
market closed on a very strong basis,
nil the Into sales on fairly good hogs
being made at $13.35.
ssxieep are tug&er
All sheep values scored further ad
vances during the trade- There was
a iairly good supply and coupled with
a good demand, lamb prices were a
good 25c higher, two decks getting
$13.10. Ono load of yearling wethers
sold at $11.75, which was 75c higher
than any previous sale on this market.
Prime shorn yearlings brought $10,00.
while a load of good mutton ewes re
alized $9.75. All supplies were quickly
taken up. There was a good call from
outside packers.
Wool Situation has Firmer Feeling
Nothing but strength and a further
advance in tho price list is shown as
a result of the week 's trading in the
wool market. Forty to 45 cents a pound
is being freely offered for wool of me
dium to coarse grades; the higher price
being offered in tho Willamette valley
although no sales have beeu confirmed
at tho extreme record.
There has been far less disposition
among Oregon sheepmen to contract
their fleece this season at tlx record
prices than when values were material
ly lower. hr years Oregon wool grow
ers have sold their fleece below its ac
tual worth, nnd for a wonder sone of
them are beginning to learn to keep
this extra profit at home.
Mohair Price Outlook Favorable
Outlook for mohair prices for the
coming season were never so favorable
as at this time. While none are in a
position to stnto definitely what the
price of hair is going to be during the
season, the indications nre strong for
values around 75 cents a pound. On
the basis of present values for wool,
this would not be an excessive price,
in fact ou a cleaned basis tWs would
be low for mohair.
Germans In Hood River In
dorse His Act All Others
Condemn It
state have been materially assisted in
their work by the tate library. During
tho past year, 2,037 volumes have been
loaned to these clubs. The state chant
abio and penal institutions near and in
Salem make constant use of the library,
net only for tho employes, but to a cer
tain extent for tho inmates.
There is in Oregon, no school for
training librarians but apprenticeship
vork may be dono iu the Portland
Portland, Ore., March 6. Indigna
tion against Senator Harry Lane's stand
on the armed ship bill filibuster today
took the form of suggestions that he
resign or be recalled. City officials of
many Oregon towns issued statements
criticising Lane. Chambers of commerce
and civic organizations passed resolu
tions of condemnation.
Governor James Withycombe called
the filibuster a "national disgrace."
Tho Portland chamber of coinmerce to
day sent Lane a copy of its resolutions
characterizing the filibuster as "cow-'
ardly, pusillanimous and traitorous,"
George F. Alexander, chairman of the
county central democratic committee,
suggested tho recall. Former Senator
C. W. Fulton called Lane's action "hu
itiliating" but said he believed a re
call could not be used against a fed
eral official.
Judge Touvelle, of Medford, urged
that Lane be asked to resign. Newspa
pers today printed columns of state
ments, denouncing the filibuster in the
most violent terms. In Hood Eiver the
Germans aro circulating a petition up
holding Lane and the filibuster. Other
Hood Kivcr citizens signed and sent a
telegram to Lane, accusing him of draw
ing the country closer to war.
Portland Ministers
Indorse President
" Portland, Ore., March G. Despite the
opposition of a German pastor, the
Portland Ministerial association today
sent President Wilson its resolution ex
pressing implicit confidence in him and
expressing the hope thai "he will have
conferred upon him the power necessary
to the maintenance of human and Amer
ican rights-"
Dr. Albert F. Cramer, a German
Methodist pastor, opposed this resolu
tion on the ground that it was 'abso
lutely pro-ally." A heated debate en
sued, other ministers upholding the
resolution as "pro-American." Cramer
has another resolution, which he want
ed adopted, praying that America be
spared tho horrors of "armed conflict
with other nations during the presi
dent's second term."
Flax Mill at Turner
Is Increasing Facilities
The Turner flax mill has bought 15
carloads ot flax straw raised in Wash
ington county, the first car being un
loaded Monday. Last week they ship
ped 2 1-2 tons of fibre to San Fran
cisco. Superintendent Hansctt is expecting a
visit from the S. P. inspector to give to
tho flax company the right to erect a
warehouse 40 by CO and one 20 by 40,
also the privilege to build a canal to rett
flax 10 by 150 feet long.
The president of the company, Thos.
Roth, and tho treasurer, Edw. Schunke,
both of Salem, are very much pleased
with the returns of last year's crops
nnd have decided to raise enough flax
this season to run the mill with full
capacity which would mean steady
throughout the year.. Now is the time
for the farmers to help boom Turner, by
raising flax for the Turner mill. Men
ager Hansett expects to have the blank
contracts ready by Tuesday of next
week- He will make a visit to all the
farmers. If you are in doubt about
meking a success of flax raising, do not
gc in too deep, but try three or tour
ceres. Turner Tribune.
Lizzie W. Hugh et vir to Walter S.
Dodge, pt Jno. Killing' cl 72-5-1.
WM. K. Sullivan to John and Catherine
Lenz, lot 1, Halls' Home Tracts.
F .H. Cannard et al to Jas. A. and
Edw. M. Johnson, lots 1 and 2 block 38
Hiram Gallup et ux to Alfred and
Annie Johnson, tract 4, Trullinger tract.
Wilda Bright et vir to J. F. and Em
ma Richards, lots 5, (i, 7, 8 block 7, An
nex No. 1 to Geo. Hollister's add to
Smith and Gillingham to Geo. and
Emma M. Wick, lot 27 block 1, Willam
ette add to Salem.
Jacob Idlewine to Laura W. and
Clark W. Craig, lot 2 block 2, Idlewine 's
add Salem.
Geo. B. Jacob et al bv sheriff to
Western Loan and Buihliug company,
lots 5, 6, 9 and 10 block 15, Kiverview
Park add Salem.
H. Schleusner et nx to S. G. Irviu, lot
1. block 3, Southwest add Salem.
of the
relieved in
Each Cap. T
K.-le hears the (M1DY)
name i"
Spranger Released
by Coroner's Jury
Portland, Ore., March 6. Emil H
Spranger, who shot and killed Henry
ileister Mummy night ,was treed today.
The coroner's jurv decided that
Spranger fired in self defense, while
Meister was threatening him with a re
The quarrel started when Mrs. Meist
er played cards in Spranger's apart
ment, during her husband 's absence.
Meister was apparently overwhelmed
by jealous rage, according to the testi
mony. Witnesses said he seized a revol
ver, pressed it against Spranger's stom
aeh and began mapping the trigger.
After Spranger had killed Meister,
the latter 's gun was found to have been
unloaded. The men had been close
friends for 20 years.
T Says Cream Applied in Nostrils
I Opens Air Passages Right Up.
Instant telief no waiting. Your clog
ged nostrils open right up; the air pas
sages of your head clear and you can
breathe freely. No more hawking, snuf
fing, blowing, headache, dryness. No
struggling for breath at night; your
cold or catarrh disappears.
Get a small bottle of Ely's Cream
Balm from your druggist now. Apply
a little of this fragrant, antiseptic,
healing cream in your nostrils. It pen
etrates through every air passage of
1 ..LI'iVi i'jL'ii':J.ii
How often we bear it said of a mai
t woman that "they were rundown in
-.ealth" which accounts fortheir present
;kkress. For that reason it is impor
tant that when you find you tire easily,
when your nerves are troublesome r
your work is irksome, you should
Strengthen your system immediately
with the blood-enriching, tissue-building
food in Scott's Emulsion which
contains pure Norwegian cod live!
oil and is free from alcohol.
Scott Soma, BkKuflald,!). I. 14-28
SfC 5j Sj s 3c jc jjc 5jc 5(C 5(C SjC
j )
New York, March 6. Three
indictments handed down by the
federal grand jury, which has
been probing food and coal
price fixing, name 55 individ
ual defendants and 108 corpora
tions, Special Assistant Attor
ney General Swacker announced
this afternoon.
Combination among tho sell
ing agents and producers of 22,
000,000 tons of coal, out of the
35,000,000 produced annually in
the Pocahontas and New Eiver
districts of West Virginia, to
arbitrarily fix prices, is charged.
panish War Veterans
Send Word to Lane
Albany, Ore., March 6. Spanish war
veterans today sent the following tele
gram to Senator Harry Lane:
"Sir: We view with amazement your
unpatriotic failure to stand back of
the president in the present crisis. We
hereby pledge our organization to pro
more by any means in our power the
steps which arc being taken to effect
your recall as senator.
(Signed) " Camp Phillips U. S. W. V."
(Capital Journal Special Service)
Eugene, March 6. A peculiar quirk
of the new prohibition law has just
come to light here. A local druggist
purchased from a Portland wholesale
firm a half barrel of alcohol, sending
his permit to the wholesaler, and it
was duly cancelled. Now the railroad
refuses to give up the shipment with
out the permit attached to the con
signee's affidavit and the law makes
no provision for such additional permit.
Stock Market Still
Awaiting x Results
New York, March 6 The New York
Evening Sun financial review today
While there are some indications of a
revival of public interest in stocks,
there is as yet no material addition to
the buying from that quarter.
There was a still firmer tone in the
securities market and greater activity
thnn on Monday or Saturday.
borne interest was manifested in the
Austrian note and in the possibility of a
decision by the supreme court in the
Adamson law case, but these were not
of potential influence marketwise, as
was tho movement for amending the
rules of the United States senate for
limitation of debate.
A brighter outlook tor ship armament
with the re-introduction of a bill rivinc
the president authority to that end na
turally imparted strength to the ship
ping list.
The steel and copper shares were
strong. United States steel moved up
through 111. Bethlehem steel issues
and subscription rights added several
the head, soothes the inflamed or swol
len mucous membrane and relief comes pointB. The equipment nnd war stocki
instantly. reflected a less gloomy view of Great
It s just fine. Don't stay stuf fed-up1 Britain's announcement concernin mu
with a cold or nasty catarrh. nitions contracts.
Madison, Wis., March 6. A
telegrom expressing unswerv
ing loyalty to tho president audi
urging him to omit no steps to
protect American lives at sea
was today sent to the white
house over tho signatures of
eighty percent of the Univers
ity of Wisconsin faculty. Sen
ator Robert M. LaFollctte is a
citizen of Madison and a grad
uate of Wisconsin university.
5$C JC 3fc fc jjt fc f( Sft S
(Continued from page one.)
plete ignorance of the aims and aspira
tions of other nations.
"Japan would be committing an act
of sheer madness if she ever attempted
to violate her plighted "faith with her
allies and with her friends in difficul
ties and join any political combination
against the United States with whom
she is linked by community interests
and vast material interests as well
as sentiments of sincere friendship.
"The American public may rest as
sured that Japan knows fully well
where her true interest lies."
Orcgonian: Twohy Bros, of Port
land, havo been asked to bid on an
order for 1000 wooden box ears for
the Southern Pacific. The same firm
now is working on a contract of 200
cars for the Union Pacific, and is equip
ping its plant to etlgage extensively
in the car building business. Twohy
Bros, have been building cars for their
own use in railroad construction work
for several years. With the present
excessive nrices for steel, most of tho
western railroads have returned to tho
use of the wooden boxcars. The Twohy
plant employs about 200 -men. This
force will be increased as the volume
of their business increases.
Why the Journal is popular
It prints the world's news to-
day while it's news.
Dry, Hoarse or Painful
Coughs Quickly t
Ended i
Home-Made Rcmedr bnt Sve
Yon $2 Dora the Work
, The prompt and positive action of thfa
simple, inexpensive home-made remedy ii
quickly healing the inflamed or swollen
membranes of the throat, chest or bron
chial tubes and breaking up tight
coughs, has caused it to be usid in mora
homes than any other cough remedy.
Under its healing, soothing influence,
chest soreness goes, phlegm loosens,
breathing becomes easier, tickling in
throat stops and you get a good night's
restful sleep. The usual throat and
chest colds are conquered by it in 24
hours or less. Nothing better for bron
chitis, hoarseness, croup, whooping;
cough, bronchial asthma or winter
To make this splendid cough syrup,
pour 2 ounces of Pinex (50 centa
worth), into a pint bottle and fill the
bottle with plain granulated sugar syrup
and shake thoroughly. You then have'
a full pint a family' supply of a much
better cough syrup than you could bnv
ready-made for $2.5). Keeps perlectly
and children love its pleasant taste.
Pinex is a special and highly concen
trated compound of genuine Norwav
pine extract, combined with guaiacol
and is known the world over for its
promptness, ease and certainty in over
corning stubborn coughs and chest colds.
lo avoid disappointment ask your
druggist for "2 ounces of Pinex" with
full directions, and don't accept any
thing else. Guaranteed to give absolute
satisfaction or moneypromptlv refunded.
The Pinex Co., Ft. Wayne. Ind,
For a quirt game of Pocket
Billiards, a good cigar or the
latest Sporting News, can at
The Upwto-Date Billiard Parlor
437 State.