davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
+ X X X X X X X a X X X X 4
x STATE NEWS. Il
X X X X X X X X X X X x X X X

The fare from Portland to The
Dalles has been cut by the steamer
Teal to so cents. She makes three
trips a week, while the regular line
runs a daily boat, and charges $1.00.
A hundred men quit work on the
Medford hotel building Saturday, on
account of the employment of non
union labor.
Culver Junction is now on the rail-
road map, passenger trains COM
mencing the run to that point Satur-
day.
Nine steamships arrived in Port
land Sunday-one 10,00O-tonner.
The boss trout caught in an Ore
gon stream this year was landed By
Jack Sweasey, auditor of Walla
Walla county, Wash, Sunday. 1t
measured IA Y inches.
Bedrock has been found on a new
damsite for the Umatilla reservoir
project, about mile above the old
site.
Winona Park is the latest addition
to Albany.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
STARTING
THE RACE FOR
PRESIDENT
LA TOILETTE is NAMED AS
FIRST CHOICE OF PROGRES-
SIVES, WITH OUR JONATHAN
BOURNE NAMED AS BEING
GOOD PRESIDENTIAL TIMBER.

Chicago, April 17.-'La Toilette
for president" is the slogan of a
movement started here today by the
Illinois branch of the National Pro-
gressive Republican League, which is
being fathered by Alderman Merri-
am.
Others mentioned for endorsement
by the league, in case La Folette
finally proves to unavailable timber,
are Senators Bourne. of Oregon;
Cummins, of Iowa, and Bristow, of
Kansas.
1t is reported that behind the
movement is Charles R. Crane, who
was appointed minister to China by
President Taft, and was afterwards
turned down" because he talked
too much" Crane is said to be will
ing to spend big money to prevent
Tafts denomination.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
OREGON SUPREME COURT DECISIONS
Full Text Published by Courtesy Of Turner Reporter the
Supreme Court

quence of such negligence he had
been damaged to the extent of SIC,
for which sum judgment was de-
manded.
The answer admitted the incorpor-
alton of the defendant and the busi-
ness in which 1t is engaged, but de-
MED all other averments of the COM
plant. The cause was tried without
jury and findings of fact and of
law were made consistent with the
averments of the complaint, except
that plaintiff was deprived of the use
of trunks and samples only two and
half days and his expenses during
that time were at the rate of S. a
day, and having rendered a Judgment
against defendant for the sum of
$3.50, it appeals.
Moore, j.: 1t Is maintained that
the complaint does not aver the CIV
ing of any notice to defendants agent
in Forsythe of the contents of the
trunks when they were delivered for
transportation, and such being the
case, the pleading does not state
facts sufficient to constitute a cause
of action and an error was commit
ted in basing a judgment thereon.
1t is not expressly alleged in the
complaint that the baggage man was
notified by plaintiff that the trunks
contained shoes. The mere state
ment in the pleading of Sample
trunks" does not necessarily imply
that defendants agent knew these
receptacles contained anything more
than plaintiffs personal baggage
Rossier v. Wabash R. Co., 81 S. w
1918.
1t will be remembered that the
term Sample trunks" as first used
in the excerpt quoted is qualified by
the phrase containing Shoes" and,
as thereafter employed, the words
said trunks" are limited by the
designation containing said sam
pies" The sufflciency of the COM
plant was not challenged by de-
murrer. Objections, however, were
interposed to the admission of testi-
mony tending to show that when the
trunks were checked defendants s
agent was notified that they con-
tanned shoes. When the averments
of a complaint are tested by a de-
murrer they are to be construed
most strongly against the pleader,
but on questions relating to the ad-
instability of evidence, all intend
ments are to be invoked in support
of the allegations of the pleading.
Cederson v. Or. Navigation Co., 3S.
Or. 349. Measured by this rule,
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
Brooks '. n. p. Ry. Co, MultnOmah
County.

Brooks '. n. p. Ry. Co., MultnOmah
County.
John T. Brooks, respondent, V.
Northern Pacific Railway Company,
appellant. Appeal from the circuit
court for Multnomah county. Hon.
w. N. Gatens, judge. Argued and
submitted March 22, 1911. VIM. A.
Williams, for respondent Omar C.
Spencer, for appellant. Moore, ].
Affirmed.
This is an action to recover dam
ages for the delay occasioned by de-
fendant's failure promptly to trans
port trunks and their contents The
complaint states in effect that de-
fendant is a corporation engaged as
a common carrier for hire between
the places hereinafter named; that
on OF about April 8, 1908, plaintiff
purchased from defendant a ticket
entitling him to a passage over its
lines of railway from Forsythe,
Montana, to Billings in that state
from whence he had a ticket over
such line to Butte Montana; that on
April 8. 1908, at Forsythe, he paid
to the defendant the necessary and
proper charge required by defendant
for transporting two sample trunks
containing shoes and belonging to
said plaintiff, and requested the
agent of said defendant to check the
said trunks containing said samples
for transportation by next train
from Forsythe, Montana, to Butte,
Montana, but that said agent careless
Iy and negligently checked the said
trunks for transportation to Bill
lings;" and that during all the times
herein mentioned plaintiff was a
travelling salesman for the Brockton
Cooperative Shoe company, journey
ing at his own expense and receiving
as compensation commission on his
D"hSoS 1hob dillNCu dJ DulJt Ou
the morning Of April 8, 1909, but in
consequence Of the defendants negli-
gence in checking his trunks they
did not reach that city until late in
the day of April II, 1908, and could
moi be used in his business until the
following morning; that his employ
ment required of him a solicitation of
business from patrons by exhibiting
samples of shoes which he carried in
such trunks and by reason of their
nOn-arrival at Butte for three days
he was deprived of their use for that
period; that during that time he in
CURED expenses of board, lodging,
etc, TO the amount of SIG and his
services were reasonably worth 500
a day. or $50; and that in conse-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
The Doctors Question
MUCH SICKNESS DUE TO BOWEL
DISORDERS.

A doctors first question when con-
suited by a patient is, Are your
bowels regular?" He knows that
SO per cent of illness is attended
with inactive bowels and torpid
liver, and that this condition must
be removed gently and thoroughly
before health can be restored
Rexall Orderlies are positive,
pleasant and safe remedy for consti-
patton and bowel disorders in gen.
eral. We are so certain of their
great curative value that we promise
to return the purchasers money in
every case when they fail to produce
entire satisfaction.
Rexall Orderlies are eaten like
candy, they act quietly, and have a
soothing, strengthening, healing in
fiuence on the entire intestinal tract.
They do not purge, grippe, cause nau-
sea, flatulence, excessive looseness,
diarrhoea or other annoying effect
They are especially good for child
rem, weak persons or old folks. Two
sizes, 25c and 10c. Sold only at our
store-The Rexall Store. ]. C. Per-
ry's.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17

though the averments of the COM
plant respecting these facts are
quite informal, it is believed the
pleading is sufficient, as it's allega-
tions were not contested by a de-
murer. 1t was the duty of the rail-
way company promptly to transport
the trunks and if its agents, with
knowledge of their contents, checked
them, the defendant is responsible
for the delay. Oakes v. N. P. R. Co.,
20 Or. 1872; Wells V. Great Nor. R.
Co., - Pac. -. The complaint in
the absence of a demurrer, being
adequate as to the averments of no
tice of the contents of the trunks, no
error was committed in permitting
plaintiff to testify that he told the
defendants agent the sample trunks
were filled with shoes.
The remaining question is the
standard of indemnity for the loss
which plaintiff sustained. The
measure of a passengers damages
for a carriers delay in forwarding
his trunks is the value of the use
of the property in the. meantime.
! Gulf, ETC., R. Co. v. Vancil, 81 S. w.
30S; Texas, etc. R. Co. v. Dauglas, 30
S. W. 4S7.
The plaintiffs testimony is to the
effect that without samples he could
not secure orders and that during
his stay in Butte competitors were
in the field, at which time and
place his average commission would
have been $4,000 day.
The complaint alleges as special
damages the expenses incurred by
plaintiff on account of board and
lodging for three days. He testified
that he lived at Ocean Park, Wash
ington, and that the delay postponed,
to that extent his arrival home, and
that while waiting for his trunks
his expenses were $1,000. If he were
at his domicile it is possible that his
living expenses might have been less
than at hotel, and as he was re-
quired to pay the cost of his meals
at his residence it would seem that
he is entitled to recover the differ
ence between such cost and the sum
paid out at Butte as expenses. But
however that may be, the difference
is not disclosed by the testimony and
as the court did not allow the sum
demanded, we believe no prejudicial
error was committed in awarding the
$3.50 for that purpose.
Other errors are assigned but
deeming them unimportant, the
Judgment is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
THE TWO COUNTRIES
CONTROL WORLDS PEACE
UNITED PRESS LEASED WIRE. ]

New York, April 17-"The rela-
tions between Great Britain and the
United States is the real key to the
peace of the world" Sir Joseph Ward,
premier of New Zealand, who is en-
route to London to attend the i'm
perial conference and the coronation
Of King George, said today.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
OFFERING.
BIG PAY FOR
SOLDIERS
WEAKNESS OF THE MEXICAN
GOVERNMENT is SHOWN BY
ITS CALLS FOR VOLUNTEERS,
AND ITS PROMISES OF BIG PAY
UNITED PRESS LEASED wIRn.l

Mexico City, April 17,-Indications
that the rebellion against the Diaz
regime is growing beyond the control
of the government is seen here today
in notices posted calling for volun-
teers. All men between the ages of
IS and 45 are called to the colors.
They are offered the high pay (for
Mexico) of 1 peso ESQ cents) day,
besides clothing and equipment.
The call is prompted, it is said,
not alone by the activity of the rev.
olutionists near the American bor-
der, but by the smaller uprisings all
through the country.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17

Whea
SIC; cl
Valley,
Floul
|. straigh
| ley, :
| wheat,
| Bari
| brewir
/ Hay.
! /, s21.
| ;12@l
1 Cor
/ per t
i Mil
| ding
1 barle,
/ Oat
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
CAVALRY ARRIVES
Az DOUGLAS ARIy0,,

., Washington, April l7.-R.D...
the war department th,t pOrts to
and L of the First eavalrv troops D
rived at Douglas, Arlzona nad ar
ceived today. Troops K and Ts's y !, II re-
same regiment are due there vi, !. The
night. ''e before
''Fp
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17

To Cure a Cold In One hay.
Take Laxative BrOmO Quinine Tab
lets. Druggists refund money If 1t
falls to cure. e. W. Groves sigma
ture is on each box 25c.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17

Baker has started a whirlwind cam
paign to raise $3.50 for a Y. NJ. c.
A. building.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17
THE OPEN FORUM

The Capital Journal Invites
Public Discussion in This
Department-Let Both Sides
Of All Matters BE Fully
Brought Quit Is Not the
Purpose Of This Newspaper
to do the Thinking for Its
Readers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-17

East Portland is to have a grand
spring jubilee April "a, with all
kinds of free amusements.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-19

, tie. fifteen or more miles from the Vir-
ginia border, where comparative safe
| ty lay. But scarcely had the advance
passed a mile beyond the town. when
the crossroads. fields and even the
| mountain sides began Ia disgurgc
Union cavalry. Tho guards Of the train
were dishcartcncd. They looked upon
the Swarming foe. They came by
squads. by battalions. until 1t seemed
that the whole Federal army was at
last within range.
new form of agony was now added
TO the ncar-dcad soldiers III tho wa
CONS. All they could do WAS to II.
still and listen totthc hoarse shouts OF
men, Zoe and friend, the sharp rattle
Of carbincs and the dun boom of can
non Frequently they heard the thun-
der of hoOfS as the Federal cavalry
suddenly dartcd at the flank Of the
caravan and cut out a portion of the
train then came the beat OF running
feet. and the rumble Of dying artillery
as the wagon guards rushed to the
rescue; the sudden crash Of muskctry,
and the haunting cries OF the Fcdcrals
as they dashed away.
Thus continued the march through
tho day. until a halt was called al
Williamsport on the Potomac. Across
the river was Virginia.
The Great Heart of Humanity over
whclms Wars.
The Potomac was whirling by It's
banks like a mill-racc. The river was
swollen ten feet above it's norinul
depth. All fc-;!s were hidden by tho
foaming torrent. Behind was host
OF pursuing l'cdcrals. momcntariiy
closing up. Imboden's twcnty-,hrcc
cannon swung around and pointed out
over the foe.
The crisis Of the retreat had been
reached. Imbodcn had nearly ten thou
sand animals ana nearly all Of General
Army OF Northern Virginia The
loss of these would be irrcparabic: the
Confcdcracy MAS already ON the verge
Of the financial chasm. VIVA, incnrrc
supplies of food had remained after
the fateful battle OF Gettysburg had
long since been consumed Thousands
of comrades were suffering agony in
the throcs OF death for want OF iuCdi-
cal attendance. The victims OF the
heroic march. the bodies Of which had
been carried with the living in the
wagons for want of time TO stop to
bury them. were beginning to dccom-
pose. Pestilcnce threatened the mag
nincent soldicry.
The great human heart Of even war
began to ovcrwhclm tho retreat. VIII
Transport was converted Into a vast
hospital. Residences were prc-cmptcd
either voluntarily or by pressure. and
the dclirious patients placed in the
hrst comfortable bed they had slept
IN in months. many for years. Sur
geonS stripped off their coats. dropping;
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-19
By FRANCIS TREVELYN MILLER.

MEXICAN soldiers stand. man 70
"A man, as the greatest tighter
in tho world to-day. This ma
tion has nothing to fear from the dis
turbancoS throughout Europe or The
awakening Of the Chinese In tho Ea'
East. Tho Italians and the Turks a.
T'ripoli. nor the Japanese or tho RUS
slams in Mauchuria. never saw a'Sinsl,
days rEhtiuG that could equal that oi
The Americans httY Years ago in Their
own civil War. This same uEhtine
spirit sun exists to-day. and when
once aroused there is no power that
las been able to destroy il.
Tho real test of soldi"ry is in the
Spirit Of its retreats said one of the
greatest military authorities a few
days ago Every army conducts it
self couraecously in victory-hut tho
real tenn cr OF lighting blood shoTs
itself in defeat"
The great retreats of tho American
Civil War were never surpassed in
sighting annals. and IL is interesting on
this anniversary 10 note just how the
great armies conducted Themselves in
the moment OF despair
First Grcnt Kctrcnt FIFTY Ncnrs Ago.
Tic first retreat i'll The civil War oc-
vurrcd fifty years ago this last sum
7ner. 1t ono of tho most forlorn
spcctaclcs I'm history. ana vet ii trans
formed itself almost maciCaily into q
dEhtiuS spirit that caused the OLD
World to gaze upon II in amazcment.
II was after tho battle of Bun Run
when the soldiers of tho Confcdcracy
dealt their first blow against tho volun-
tecrs OF tho Union and sent them panic
stricken back TO Washington.
II had required forty hours for tho
raw briEades TO march from the nat
ional capital To the FIRST great bapiis-
mai font a Manassas JunCtion--hut il
required My six hours for some Of
The regiments 10 return over the same
roads in the rout that followed the
breaking Of McDowells lincs-and it
was that rout that made soldiers OF
them.
The greatest deed that the south
ever did FOR American soidiery was to
defeat tho Federal troops on that first
great battle-ground, and thus arouse the
fighting impulse that first gained the
awe, thSn the respect, and now the
fear % the nations of the world.
All Ronds Lend 10 the BnttIcn~ld.
FIFTY years ago the Americans did
not know whether they could tight OF
not--thcir valor never had been fuzzy
tested. Tho victories against England
with earlier generations and the tri-
umph over Mexico had given them self
assurance, but u was not until 'Amcrl-
can met American" on the Held Of Bull
Run that American soldicry came to
It's FIRST great test
There are many reading these lines
to-day who remember that cvcntful
sunday. 1t was looked upon more az :,
pageant than a battle. The roads to
the hattlciiclds were tllcd with women
and children, who, in gala attire. were
going out To witness the spectacle The
carriages OF statesmen and politicians
congcstcd the roads lending To the seen,
OF war Mothers and sisters hurried in
the wake OF the troops, They stood on
the hills and cminomccs around the bat
tlcheld, their hearts futtcring and their
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-19

checks flushing as the sound Of distant
. guns came to them. They had come as
did The Romans to tho Coliseum 80 see
| the Gladiaturs Eight. they had tickets
of admission To the amphithcatrc of
| war in the form Of military passes \
thrill passed through the Spectators as
they looked upon the novel sight of
battle smoke tnd heard the Cnually
novel thunder OF war.
Tho excitement Increased moncntart-
~. some of the more daring spccta.
tors pushed on oven closer to the
scream of shells where ,hcy. could see
III" white spurts of smoke ana the
lurid flash of tho weapons Then camc
me sudden dissolution of the Federal
army. Tho first regiment broke. and
immediately became q torrent of
iuStiives: wherever the torrent touched
another regiment. the latter melted like
snow until the roads, lanes and fields
were chokcd with panlc-strickcn mon
and women.
The stream Of beaten soldiers merged
with the horde of hghteucd spectators.
me torrent flowed on, and III it's midst
was the holiday moh-dclicatc women
arraycd in nnery. statesmen clad in
new suits OF hroadcloth soldiers with
handaccs over their heads or arms
hanging linn or "A useless foot dragging
on behind.
Night fcll upon the routed hosts OF
the North. Torn bleeding. terror
Suickcn--cN expecting To bc ovcrw hcImcd
BY the pursuing lcSions of the South
Fighting their WAY through the i'm
ponetrahic darkness, They struggled on
with the rear guard of battery and
cavalry in their wake
In the carly hours of the morning. a
drcnching rain flooded the streets Of
d Ia - .t,.
fares, anxious crowds waited Tor de-
Unite news of the battle.
The first hcralds from the battle line
staggered across tho Long Bridge that
SPAWNED the Potomac and led into the
capital of tho republic. on and on
they came through the morning hours
the same troops that sin days before.
IN all their splcndor. had marched
away, the same troops--y"t what a
contrast! Now instead of the bright
sunshine there was the cold. depressing
rain: instead of the gay. cheerful mutt.
ludc there was the sober silent throng
Now nplacc Of the long regular. proud
~ stepping column came AN Irregular.
downchst shutting crowd begrimcd
with the sweat and dust OF battle
The coiors that iloatcd so proudly at
the heads of the regiments now have
scarcely follower. But They arc still
held nigh by tin color guard who re-
FUSED 10 desert them. The flags OF the
republic are hanging Imply in the rain
powder stained, pierced and torn by
sh"t and shell telling their fearful
ta!c Of carnage The officers who had
ridden away on their prancing charges.
proudly erect at the head of their
columns are returning with few or none
to obey their commands
Ih"y had learned the meaning Of
war The Grand Army OF the Republic
hhd received it's baptism of tirc and
blood; they had lain on the altar Of
sacrifice nearly FIVE hundred lives. ON
their strctchcrs they bore more than a
thousand wounded. and moro than
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-19

I TO the NORTH he reported to his SUI
pcrlor officer. The Confederate cumu
| was In instant motion.
Bul the sentinel had not seen all the
movements of Morgans men. Large
charges Of powder were being p,,rco
undor huge storchouscs. now cmn,v,
poWhcr magazines and an arsenal were
likewise mined: all movable propcr,y
was placed In tho wagons Tho arr
'iilcry carriages were undergoing .;
careful inspection
Alter dark, the wagons were in mo-
non headed for Manchester. about
sixty miles away. TWO hours after sun
SET Morgan gathered his troops for
their desperate dash. Throughout mo
night. the band of refugees toilcd IN
ana down the mountains. dragging the
artillery behind. In the gap still re-
manned a picked band OF warriors who
volunteered 10 explode tic mines un-
! der the buildings. They waited un-
| III tho last possible moment before
daylight. t" allow their comrades to
| get as much of start AS possible be-
Tore they began their work of dcstruc-
| uou.
AZ the first strcaits Of day. III nrst
thundcrous roar yollcycd back and
l"rth from the crags OF the Cumber-
i'hd Mountains Immediately another
eNpIosioh added to the laundering
echocs IN the gap. ono after anoth-
L a. Il
y.rv ,o.,i's ,, mtte 'Mpipneo, until mo
Morgan fn,,r,o,, III '.o' W 'ui""i''
,Ahn.s 49,, "''' ''"'" '"'
I.oo,,in,, r,,i, -, .,oolS On
side ~ ~ ,o"iu So INC naming
had burst suddenly ANA vas pouring
file ''' o"7" INC &c
From IN, c-o. ~
,o.,t 80, - osa 'oaus suddenly APP
TtuDstttblC raider
Morgan. ANA ,hos ,rl - '"''H -
BIO ,hrf, cor.,.,,, mn "CEc 10
tho long rctrc.t ia ~ a., .N'i"S
moment tbc ryip.. ~ on"
the rear OF thr co,I,,i,s az
hours Ia,.r ,vo,,ld al" = -"
Tanks onl,. -, -, H., V" Wy
! flash into sJ,-bt ~, H. -"
iroons Thu, ~. 80, ,,,,,. % '"'
through mo St., az L, .na "Pd ''cn
on Inc al Of oc,o,,,
aud ragged mon c,,,,,. , ""
waters OF tho obio ho,,o,,d $500
safety to NOR Ic,.;n,s ~ " 40
days ana night M. b.., ,, 90 49,.
fought oyor /, rntirsn -, - -"
slocping NJ nipb. ~ -, 49,
tops without rents ,orIt,, 49,.
building ROADS o,,1 b,,,,,.s .,
their ,yuy throu.-b ro,o.,
While lighting or tho G,r,nr ca,,..-,.
Of tho Con(cdcracy .ra IL. ~
arrived every guu ana w.,,.o,, III,
Which tbcv had s,nr,rd 49, Iii, ,i
the column. ana of INC ,w.olyo ~.
sand men in IN. army o,ly ,t,.t,.
were lost NOT only aid AJory,, ,,,,
his army IRON sIrrendc,, a. C,n,,l
land Gap, but h. detained :, i.,,n t..,,
fcdcratc army under ttirh, c,,,,,, -
ioiuiul, Braur in ~ .,,.,.v
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-19

Dramatic Pageants That Might Become Masterpieces
For Great American Artists This Sem-Centen-
NAL Thrilling Pictures Of Vanqushed Hosts Flee
ing Through the Midnight Rains -Retrcang
through the Mountain Passes and Through the
Sweet-Sccnted Meadows-Elistoric Events That
Are Now Being Celebrated