davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
THREE OPINIONS BY
THE SUPREME COURT

The supreme court handed down
three opinions this morning, two be-
ing appeals from Mutlonmah county
and one from Marion county.
Amelia Il. More, John Walton,
William 4. Moir and George Stehn-
ken, appellants, VS.. T. Il. Withcomb,
David Goodsell and r, S. Mcdaniel.
respondents, appealed from the cir
cult court of Multnomah county, NJ.
c. George, Judge; Judgment of the
lower court reversed; opinion by Jus
tice. King.
George II. Gentzkow, appellant, vs..
the Portland Railway Company, re-
spondent, appealed from the circuit
court OF Multnomah county, j. b.
Cleland, Judge; reversed; opinion by
Justice Slater.
This Is n suit 10 recover damages
by the appellant as the result OF
being knocked from a telephone pole
while working for the Pacific States
Telephone Company by alleged ne
glect OF the Portland Railway Com
pany In permitting a high voltage
wire 10 sag onto one OF the steel
steps in the pole. In the lower court
a non-sult was granted the railroad
company, from which the appeal was
taken. The supreme court holds that
inasmuch as contributory negligence
Is claimed TO exist on the part of the
appellant as the grounds of non-suit
I'm the trial court below and neglect
Is shown In the evidence to exist on
the part OF the railway company for
allowing their wire 20 come In dan.
gerous contact with the pole on
which workmen are compelled TO
stand. and according TO the testimony
the appellant was not aware the wire
was touching the pole, and was in
tent upon locating trouble in the tele-
phone system, this would tend TO
show that negligence Is not probable
where the appellant is not aware that
danger exists. The judgment was
therefore reversed and remanded.
In an opinion written by Justice
Eakin. Judge William Galloway's de-
cision i'm the case of Lachmund a
Pincus VS.. Lope Sing, oliver Beers
and Sled Bach is affirmed by the
supreme court.
This Is a suit to recover S1S29.42
as a foreclosure of chattle mort
gage held on a hop crop which was
turned over TO Lachmund e PincuS
by the Clemens Horst Hop Company,
after an alleged breach of contract.
A contract had been drawn up with
the respondents In the case by the
Horst company in which IL was stipu-
lated that the Horst company was 10
take 10000 pounds OF hops at a cer-
tain price II the respondents, Sing
and Beers, husbanded the crop cor
rectly. but upon their failure 10 do
this, tLe hops We're TO be purchased
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22

at an inferior price by the Horst com
pany, the purchaser to furnish money
for the. expenses OF picking, curing
and ba1ing. After the crop had been
half picked the Horst company ex-
amined the yard and found 1t to be
moldy, and then turned the contract
over to Lachmund q Pincus, but in
the meantime Sing and Beers, having
no funds with which to carry on pick
ing, sold the remainder of the crop
to the third respondent, Sled Bach.
The sI329.42 which was asked for
In the lower court was paid into the
hands of the original tenders of the
yard as expenses, and this amount
was asked returned by the plaintiffs
in Judge Galloway's court, which was
refused.
The supreme court holds that so
far as the respondents Jailed to har-
vest the entire crop the fault is not
entirely theirs, owing to the original
contractors, the Horst company, drop
ping off short in the middle of the
picking, thus depriving Sing and
Beers of available funds with which
to complete the other section of the
contract.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
CHINA
WAKING
AT LAST
WILL ESTABLIS H
NAVAL AND MIL
ITARY ACAD-
ENVY
United Press Leased Wire. }


Tien Tsin. June 22.-The first
definite move toward the reorganiza-
tion OF the military and naval forces
OF China was made today through
the purchase by the government of a
large tract OF land In this city, on
which a military and naval academy
Is TO be Immediately erected. One
hundred students from the School Of
Mobiles have been designated to take
the naval and military instruction In
the school, and the governors of the
provinces have been ordered by the
prince regent TO submit the names OF
students desirous OF entering either
OF the branches OF the military SER
vice 70 the recently appointed army
aud navy board,
The salt tax has been set apart TO
In part meet the expenses OF the mill
itary program, and a system OF pro-
scrlption has been put In operation
to ensure the recruiting OF an army
OF 100000 men. Prince Su and Ad-
mlral Sab. OF the naval board, have
been Instructed to draw up a pro-
gram which will provide a feet OF l5
battleships with necessary auxiliaries
to be In commission In 1894. Eng
lish and Japanese instructors will be
In charge OF the instruction OF the
naval and military cadets.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22

Albany ha a glove factory that
will also make awnings and tents.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
PLAY
GOOD
BALL

The longest day of the year, which
was yesterday, Is in all probability
the cause of the Portland Railway,
Light & Power Company baseball
team losing the game to the Profes-
sional team last night on the w. U.
field by a score of to 5, after the
street car men had practically had
the game all done up nicely to take
home in the fifth inning, when the
score stood r 2 in their favor Both
teams started the contest with a tie
of 2-2 and went four innings before
the run column was put in action.
Huffman, the new twirler for the
Portland, Railway Light & Power
Company, and Tommy Clark, the
backstop, had things Just about their
own way, and would have taken the
chicken, had not there been several
costly errors made behind them.
Walter Thompson, the car mems
heavyweight left fielder, caused the
hair to raise on the heads of every
one by making a classy run from
deep field into the vicinity of third
base and taking possession of pop
fly, which had been touched up by
mistake by one of the Professional
men. This Is not the only good
piece OF ball playing Thompson did,
either, as he stood up before Pitcher
Casey" olinger twice, and each
time he got a safe bingle. Big Bill
Buslck was also on the heavy batting
list last night, and at one time the
center fielder was on the point OF
the fence after one. Short
stop Hunt, for the Professional men,
was evidently of his feed, as he
ranged up in front Of two or three
chances, but could not pick with sue
cess.
The whole six innings were inter-
estng, and the crowd, which was
fair, seemed to enjoy the playing
hugely. Waldo Miller held the ivory
Tor the game.
Owing TO the ball field becoming
30 rough and dotted with grass, the
members OF the Twilight League are
requested to come out tomorrow
night and help clean up. Be on hand
at $50.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
WILL TRY TO LOCATE
SUNKEN VESSEL
limited Press Lensed Wire ]

San Francisco, June 22.-Officers
of the United States mine planter
Armistead are planning to make a
final effort to locate the sunken hull
of the steamer Rio de Janiero, which
was wrecked in the Golden Gate
February 90, 1901. The Rio was
entering the harbor from an Oriental
trip and carried to the bottom with
her scores of passengers and $780,
900 worth of treasure. During the
last eight years many attempts have
been made to locate the wreck of
the Inflated vessel. II is thought
that II has been carried far TO sea
by the tides.
The Armistead, accompanied by the
Ringgold, recently came to this port
from the Atlantic coast. She is in
command of Captain f. X. Ferguson.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22

CONTINUED from Page u
which was to be used for a branch
road leading from Netarts Bay To
near Tillamook City. This section
of Tillamook county was sparsely
settled, though possessing great seen
ic beauty and wonderful natural at
fractions, inducing tourist travel.
The present act appropriates $780,
900, conditional upon Jackson coun-
ty raising q like sum, to aid said
ounty to build a pnbllc highway from
the city of Medford to the west
boundary of the Crater Lake Nation
al Park, and not to Crater Lake, as
some imagine. Although $4,000,
conditional upon klamath county
contributing n like sum, to aid aid
county TO build a county road from
klamath Falls to the eastern bound
ary OF said national park, and not to
the lake within said park, for our
state is without Jurisdiction, and can
do no work, or exercise any authori-
~, within the national park inclos-
ing Crater Lake The present act
nowhere provides for aiding in the
con tmction of q continuous high
way from Medford, In Jackson coun-
ty. to klamath Falls, In klamath
county, as there Is an intervening seq
ment of more than thirteen and one
half miles, which " to be made, II at
all, by the federal government.
Jackson county has raised or ap-
propriated the amount required.
Hence. under the provisions of chap
10 nI 10 Of
becomes available for use In Jackson
county only, and upon certain spec
ined county road leading from Ned
ford, in gaid county 10 the western
boundary OF Crater Lake National
Park. The court Is not informed that
Klamath county has made any appro-
prlation, as required by this act.
Hence the $4,000 appropriated ex-
clusiyely for Klamath connty Is not
available. and may never become so.
The present act is clearly local, as II
applies TO only two counties. It Is
also special, because Il Is limited TO
a specitied section and for special
purposes only, that Is, the proposed
appropriation can be used only In the
counties OF jackson and Klamath,
and for a special purpose, viz; the
building of certain specified high
way in said counties. The act Is.
therefore, local and special, and
comes clearly within the inhibition
placed upon such measures by sec
tion 23, article ~ of our conNtitu-
tiOn.
The complaint will be sustained
and the injunction made perpetual. .
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
TELEPHONE
ORDINANCE
LEGALITY
UP TOCITY ATTORNEY
KEYES FOR A LEG
AL OPINION

Mr.. Moores, from ordinance COM
mittee, reported adversely on ordi-
nance fixing rates on residence tele-
phones at $1.00 per month.
Mr.. Moores stated that there was
in existence O contract between the
city and the telephone corporation by
which the city had agreed that the
same rates should be paid at Salem
as in other cities OF like size and
similar service.
Mr.. Hofer called attention TO the
fact that where a corporation had
voluntarily made a rate and done
business under It az a profit, they
could not afterwards raise that rate.
The city had not violated Its part Of
the agreement, but, In raising the
rate on residence phones, II was
question whether the corporation was
not violating its agreements with the
city.
Mr. Moores asked reference to a
special committee. Mr.. Presnal
moved reference to city attorney for
a legal opinion. Carried.
Conference Is Asked.
Mr.. Dancey, local manager Of the
Pacific States. after the meeting of
the council, interviewed the mayor
and members OF the comncil on the
matter OF getting a hearing on the
facts. When asked II his company
would cooperate in the matter of
removal OF all poles around the pub
lie squares in the center OF the city,
like the court house, postofIlce. the
state house and Wilson avenue, he
said they could not do that and meet
the demands for the 800 ordinance
They were willing TO consider the
matter OF helping to beautlfy the city
20 that extent, II rates we're not re-
duced below what other cities were
paying for similar service.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22

was a resident of San Meteo, sent
the valuable contents OF the phial
from London, the center of the re-
cent important experiments in the
wonderful substance.
The small particle of radium that
is being guarded jealousy by the
hospital authorities is valued at
about $4,000. Its price per troy
pound, prevalent in England, is S.
100000. Mrs. Reid's gift will be
used in a series of experiments and
Investigations in the treatment Of
cancer.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
WILL CROSS OCEAN
IN BIG AIR SHIP
UNITED Press Leased Wire. J

IUnlteu fTess behSeu Wite.l
London, June 22.--The construc
tion of an airshlp designed to carry
25 persons from Europe to America
and return, is creating much discus.
sion in aerial club circles today.
The ship is being built near Ion.
don. According to Arthur Philip Du-
eros, secretary of the Aerial Defense
League, it's air bag will have a ca
pacity of 227,500 cubic feet It
will have two propellers driven by
motors each with 220 horsepower.
The carriage will accommodate 25
passengers in addition to supplies
and petroleum.
In announcing the launching of the
airship Ducros appeals for dona-
ton for an aerial landing station, or
garage"
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
JUST A
BABY
FLEET
limited Press Leased Wire ]

UNITED Press Leased Wire.l
Puget Sound Navy Yard, June ~.
The distinction of commanding
the smallest feet which ever repre-
sented the United States navy has
fallen to Ensign B. H. Steele, OF the
cruiser Colorado, now at this yard.
Ensign Steels flagship is to be the
baby torpedo boat Manley and two
steam launches will complete the
squadron. The three little vessels
will represent the navy at the Lake
Champlain ter-centennial exercises,
to be held on that historic body Of
water July to o.
The miniature squadron Is now be-
ing assembled at the Brooklyn navy
yard, from where II will proceed up
the Hudson river and canals to Lake
Champlain to participate in the cere-
monies.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
U. G. HOLT ELECTED
SCHOOL DIRECTOR

U. G. Holt was elected the new
school director yesterday by "A ma
iority over the other candidate, Mrs
n. E. Grlswold, Holt receiving 81
votes, wsile Mrs. Griswold received
81.
The regular annuoal meeting of
the school board took place last night
at the nigh school, and next Wednes-
day evening was selected for a spe-
clal meeting to be held at the high
school for the purpose of making an
official count and swearing in the
new director.
The annual report of school dis
trict No. "a was submitted for the
year ending Jnly 21, 1909. The re-
ceipts since the date of the last an
nual report are S66,5SO44; disburse-
ments. $61.374.74, and the cash on
hand $5205.70.
The election yesterday was not
of much interest to the property
holders, evidently, as there we're only
1lS votes cast.
-O-
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
The INJUNCTION

Continued from Page y
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
GAVE HOSPITAL A
PARTICLE OF RADlUM
IunIted Press Lsaaed wIre }

San .Iateo, Cal, June 22.-Repos-
ing In a tiny bottle kept under lock
and key in a strong box at the Red
Cross Guild Hospital In this city, Is
a minute particle OF radium, the gift
OF Mrs. Whitelaw Red, wife OF the
American ambassador TO the court OF
ST. James. Mrs. Reid. who formerly
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
'TtOtrf Opfimisf dHd PesSimisf,
TIE difference Is drOM
The 0pfimisf sees the d0a0ARKf.
The Pessimisf sees the hOle,

Some would say the best way 20 turn
an optlmist into pessimist would be
20 feed him the doughnuts. and this
would be true II the doughnuts are
fried in lard. Lard Is certainly indi-
gestible and many people are deprived
Of the pleasure Of eating doughnuts
and other dainties lust because OF this
fact. However. there is a cooking fat
-CoTToLENE-whlch can be used In
any way and every way that lard can.
food that the most delicate stomach
can digest with ease. COTTOLENE Is
makinR the world cheerier and brighter
ferlng from the curse Of lard-soaSet 4
food.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22
Five Killed in Train Wreck.
[UpNed Press Leased wire. !

Vancouver, B. c., June 22.-Fiye
men were killed in a wreck on the
Canadian Pacific railroad at Notch
Hill, near Kamloops, today, when
the wheel of freight car broke and
ditched several cars. Two Of the
bodies, recovered from the wreck,
are evidently tramps, but one of the
train crew is missing. The other two
victims, whose bodies are still in
the debris, are thought to be tramps.
who were stealing a ride.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22

the electric lighted cabinet that must Forced
for large mpoato coming for the Summer and Fall trade Largest the
Willamette Valley all n and berry pitcher
III article glass SNeMarel this Is the
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-06-22

Eugene wants you to visit her July
Fourth.
Corvallis will celebrate July s
times.
Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1909-08-04
BIGGEST OFFICE
BUILDING IN WORLD
10000 Persons Can BE
Housed Within.

New York, Aug. 3.-The recen
completion of the Hudson river tun,
nels, known colloquially as the INC
Adoo Tubes" has marked a distinct
step not only in railroad transporta-
| ton but in overcoming the natural
geographical limitations to city
| building.
The tube system. developed to its
logical extent, today is conceded to
make practically unlimited the posi-
bic development of Greater New York
in the next ten years. The immediate
effect of the submarine tubes has been
to bring the New Jersey shore. to
which access hitherto has been had by
Commute ferries, within three min
utes of Broadway.
The terminal buildings of the Hud-
son & Manhattan Railroad Company
are gigantic structures, literally cities
within themselves, capable of accom-
modating 10000 persons, as well as
serving for the subterranean station
of the downtown tubes under the
Hudson. Occupying two city blocks.
they are p stories, or 275 feet. in
height, and are so arranged as to Of
fer the maximum of surface for win
dows and air wells. There are 80 ele-
vators.
These structures are known collec-
lively as the Hudson terminal build
ings of the Hudson & Manhattan Rail-
road Company, but like the tubes
themselves, they are better known by
the name of their protector, as the
'McAdoo Terminals" Individually,
one of them, which stands on the block
fronting on Church street. between
Cortland and Dey streets, is the Cort-
land building, while it's twin likewise
fronting Church street, but between
Dey and Fulton, is the Fulton building.
They are the largest office buildings in
existence, containing 18,150,0O0 cubic
feet of space, and the heaviest weigh
ing 100000 tons and resting on the
biggest coffer-dam ever constructed.
This latter structure is 400 by 17S feet
in horizontal dimensions, and from IS
to 90 feet deep.
Trains from Hudson & Manhattan
Company's twin tubes from New
Jersey, under the Hudson river, enter
the basement station, 80 feet below the
surface, and pass under Dey street to
the subway under Broadway The tun-
nels at the Jersey City end are con
nected with twin tunnels crossing to
Morton street, up Sixth avenue to
Thirty-third street and across Ninth
avenue to Fourth avenue.
The execution of this gigantic enter
prise, which has been effected by Will
lam G. McAdOo, with the sympathy and
approval of the Pennsylvania railroad,
5uC without financial backing of any
description from that corporation, is a
financial achievement that ranks with
the engineering feat of running the
tunnels. Taken in connection with the
Pennsylvania roads tunnel, which give
access from Long Island to the rail-
roads station in the heart of the city.
they form trunk line of travel Which
promises to bring about a revision of
the traffic routes of the city.
Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1909-08-04
SUGGESTS USE OF MONEY
LEFT FROM SOLDIERS PAY
Adjt. Gen. Scott Seeks Good Outlet for
Fund of Over $4,000.

Atlanta, Aug. Ex-Governor Brown,
in a special message to the General
Assembly containing a letter from
Adjt. Gen. A. J.. Scott, calls attention
to the fact that there remains of a
fund of 100000, which was paid as adj
ditional compensation to Georgia
troops in the war with Spain a total Of
$5,261.25 due to soldiers in amounts
of 50 cents up to 81, so small that
probably no more of it will ever be
called for. This money cannot under
the act of Congress be turned into the
treasury of the state
The adjutant general therefore,
suggests that it be used in part to pro-
cure additional silver pieces for the
battleship Georgia, concentrating
the services of Georgia troops in the
war with Spain, and that the balance
be converted into a fund to be loaned
to Georgia boys and girls for the pur-
pose of enabling them to get an edu-
cation.
Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1909-08-04
OFFICIAL PROCEEDINGS
co. COMMISSIONERS
Covering the Session Held
July 10th.

Called meeting held on July 10th,
1909. Present: Frank Sheffield, chair
man. ]. F. Bolton, secretary; A. F
Hodges and T. B. Hooks. Absent: H.
]. Webb. The chairman stated that
the object in calling the Board togeth-
er was to take immediate action, if
any should be taken, in the matter of
the death of one of the cOnvicts, to-
wit: Frank Fletcher.
The Chairman called the Boards at
tention to the necessity of deciding
whether or not it would be advisable
to investigate the death of said con-
Vict. Motion made and carried that
same be investigated
Motion made and carried that the
Chairman appoint a committee of two
to obtain information concerning the
proposed investigation and to report
to the Board Monday next, the 18th,
inst.
Chairman appointed Commissioners
Hooks and Bolton.
Upon motion the Board adjourned
until Monday, the 18th inst, 1909.
j. F. BOLTON,
Secretary of the Board.
Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1909-08-04
COTTON MILL CONTRACTS
TO BE LET THIS MONTH
Preliminary Work at Albany Mill l.
Going Rapidly Forward.

Officers of the Albany Cotton Mills
have received some of the prelimin-
airy plans for the big plant to be
erected north of the city, and it is
said the remainder of the plans will
all be on hand by August 10. The mill
officials will invite contractors and
others to meet here about that date,
and are planning to let the last con-
tract about the 18th to the Goth of
August
Preliminary work at the mill site is
going forward satisfactorily. The
Seaboard's sidetrack has been COM
pleted and lumber for stalking and
preliminary staging is scattered about
in every direction The buildings
have been staked out and machinery
is being hauled for boring the arte-
sian we'll Mr. NJ. A. Jarrard, who has
the contract for boring the well, has
been somewhat delayed by an acct
dent in which his arm was broken.
The contract for building the reser-
voir, which will cover more than an
acre of ground, will be let tomorrow.
The county commissioners, at their
regular monthly meeting, held this
morning, decided to build a good
clayed road to the mill site. Superin
tendent Pinson expects to put force
to work on this road next Wednes-
day.
Albanians are watching the build
ing of this big Industrial plant with
intense interest. 1t is considered the
beginning of a new industrial era for
Albany, and the satisfactory progress
being made is gratifying to all who
have the interest of their town at
! heart.