davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07
LAURIER IS
DOWN But is
TO COME BACK
UNITED rRRss LEAsEp wIRn.l

Ottawa Ont, Oct. 6.-After being
In power 10 years and three months,
the Laurier government this morn
ing stepped out of Office. and the re-
sponsibilities of guiding the ship of
state We're entrusted by his excel
lency Earl Gray to Robert Laird
Borden, who ha sfor the past eleven
and a half years been trying to lead
his party to the goal now achieved.
The final meeting of the Laurler
cabinet was held last night, and all
matters of unfinished departmental
business left unfinished when par
lament dissolved, and requiring the
attention of outgoing ministers was
concluded. Laurier's only valedictory
was this dignified one. "Our record
speaks for itself"
Sir Wilifred formally rendered to
Earl Gray this morning the resigna-
tion Of his government, coupled with
the reason that Borden had been
called upon to form a government.
The latter was summoned by his ex-
cellency, and formally asked to un-
dertake the burden Borden accepted
and said the new cabinet slate would
be submitted to his excellency for
approval either on Saturday or Mon
day.
Sir Wilifred will leave Monday for
a months rest in California.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07
SALEM DOES
NOT YET NEED
HER SERVICES

After establishing "quiet zones"
around the schools of the city Of New
York, Mrs. Isaac Rice, president of
the Society for the Suppression of
Unnecessary Noises, desires to muf-
tle the noises around the schools of
Salem, and with that end in view has
written Superintendent Of Public In
struction Alderman.
New York, she says in her letter,
before her society began its work,
was so noisy that it was impossible
for the schools to be properly ventil-
ated, as whenever the windows were
raised bit for fresh air such vol
ume of noise would be brought in
that it drowned the voices of the
teacher and the children. Warning
signs, she says, were posted around
the school houses, and the result
was the establishment of "Quiet
zones,' which proved very satisfhc-
tory.
She is of the opinion that similar
action should be taken to suppress
the noise Of the loud and boisterous
city of Salem, and recommends that
warning signs be posted around the
school houses, and also that other
methods be adopted
Superintendent Alderman has not
just decided what action he will take
with relation to the subject.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07

a real estate broker is entitled to n
commission for sale Of real estate.
These statements quoted are not in
consistent and, taken with the whole
instruction, correctly state what is
essential to a right of recovery and
are within the issue rendered by the
complaint.
Plaintiff also assigns as error thu
following language contained in tue
same instruction: Although the ori-
ginal terms were S15,500.0O, vet, IL
afterwards they made a new contract
Tin the summer of 1909) whereby
they raised the price to Sis per
acre that would be a new
contract, and the plaintiff must then
prove that he produced purchaser
who was ready, able and willing to
buy at Sis per acre"
Plaintiffs objection thereto is, that,
under the statute of 1909, amending
Sec. 797 B. & c. c. (Sec. L. o. LO,
which requires the agency of a brok-
er to buy or sell real estate for s,
commission TO be in writing, the
same is void as the change was not
in writing Defendant testifes that.
at the time the price was changed to
s115 per acre, he told plaintiff that
Il would not sell the farm for that
price no more; want Sis per
acre" This testimony of defendant
is not disputed by plaintiff. On the
contrary it is practically admitted as
he testifies that he raised the price
to $4,000, and stated that price to
Fiken. If such a modification as to
price was void under the statute of
frauds. the evidence shows that de-
fendant, at least, cancelled or with
drew the authority of plaintiff to find
a buyer at S15,5O0 and left him with
out any agreement, and plaintiff has
to gain by this contention. !
Neither does the instruction require
plaintiff to prove the defendants de- |
tense as suggested by plaintiff 1t |
only states what the effect would be I
if it appears that the price was
changed
Without special reference to the |
other errors assigned in this instruc-
tion, it is sufficient to say that they !
are without merit. The judgment of |
the lower court is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07
Beware of Omrments for Catarlh
that Contain Mercury,

as mercury will surely destroy the
sense of smell and completely de-
range the whole system when enter
ing through the mucous surfaces.
Such articles should never be used
except on prescriptions from reputa-
bic physicians, as the damage they
will do is ten fold to the good you
can possibly derive from them.
Halls Catarrh Cure, manufactured
by F. j. Cheney G. Co., Toledo, O..
contains no mercury. and is taken in
ternally, acting directly upon the
blood and mucous surfaces of the
system. In buying Halls Catarrh
Cure be sure you get the genuine. It
is taken internally and made in To-
ledo, Ohio, by F. j. Cheney G. Co.
Testimonials free.
Sold By Druggists. Price, 75c per
bottle.
Take Halls Family Pills for con-
stipation.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07
GREAT CHINESE DOCTOR
L. NJ. HUM.

Has medicine wniL Will cure any
known disease. He makes a special.
ty Of snd guarantees to cure catArrh
asthma, lung, throat, rheumatism
debility, stomach, liver, kidney
troubles. also any blackened or
sW ollen soreness, broken limbs;
smallpox epidemic; all kinds Of
boils. lost manhood, female weak
ness, hernia troubles and paralysis
Consultation free. Care OF Yick Sc
Tong Co., Chinese drugs and herbs
Once hours from 10 to 70 a. m. and
1 to Z p. m. ONCE open Sundays,
1853 High street. upstairs. Salem.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07
Take Your Common Colds Seriously.

Common colds, severe and fire.
quent, lay the foundation of chronic
diseased conditions of the nose and
throat, and may develop into bron-
chitis, pneumonia, and consumption.
For all coughs and colds in children
and in grown persons, take Foley's
Honey and Tar Compound promptly.
After exposure, and when you feel a
cold coming on, take Foley's Honey
and Tar Compound. 1t checks and
relieves. Use no substitute, The
genuine in yellow package always.
Red Cross Pharmacy, (H. Jerman.)
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07
Peterson V. Bogner. Marion Count

- DpSHNAs 4uuA lUH VI
L, b. Peterson, appellant, V. Mich
ael Bogner, respondent. Appeal from
the circuit court for Marion county.
The Hon Geo. H. Burnett, judge. Ar
gued and submitted September 13,
1911. Frank Holmes land II. Over
ton, on brief) for appellant. Thos.
Brown Carson G Brown, on brief)
for respondent. Eakin, c. J. Af-
firmed.
Decided, September 26, 1911.
This is an action to recover a COM
mission on the sale of real estate.
Plaintiff, real estate broker, alleges
that in September, 1908, defendant,
who was the owner of a farm cf
about 140 acres in Marion county,
Oregon, orally employed him to pro
cure purchaser therefor at the
price of $15,500 for a commission of
three per cent of the purchase price,
and that on November 18, 1909, he
did procure and produce a purchaser,
John Fiken, to whom defendant sold
the farm at that price
All the material allegations of the
complaint are denied by the answer.
and defendant alleges that in the
summer of 1909 he made a verbal
agreement that if plaintiff would pro-
cure a purchaser for his farm at
$115 an acre. on terms and condi-
tions satisfactory to defendant, he
would pay him three per cent COM
mission on the price. Defendant ad-
mits that he sold the farm to John
Fiken for s15,500 but that plaintiff
did not procure said Fiken as such
purchaser.
Upon the trial the court gave GER
tain instructions to the jury to part
of which plaintiff excepted and
these are the errors assigned There
was verdict for defendeDt and
plaintiff appeals.
Eakin, C. j. Plaintiff excerpts to
the following portion of an instruc-
tion: you are not to set yourselves
up as a board of arbitration. or take
money from one party and give 1t to
the other, just because you can. or
because you think you can" This
was but clause in an instruction
cautioning the jury, as directed by
Sec. 86S l.. o. L., to the effect that
they must arrive at their verdict
from the evidence produced at the
trial and the law given by the court.
The instruction as a whole was un-
Objectionable. The court instructed
the jury, that real estate agent "is
entitled to his commission when he
produces to the land owner, a pur-
chaser who is ready, able and willing
to buy the land upon the terms Of
fered :" Plaintiff must show
that he brought together this defen-
dant and the purchaser, Fiken, and
that thereby the purchaser was IN
duced to buy defendants farm, and
his efforts we're the producing cause
of the sale"
Plaintiff excerpts to these portions
Of the instruction because the court
did not add to the first clause quoted
the words cor was the procuring
cause Of the sale" and further con.
tends that these two clauses are in
consistent. The language quoted is
only a part Of one instruction OF
about two pages. explaining to the
Jury the circumstances under which
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07

missed at the cost of plaintiff, and the
refusal OF the court TO so Judge was
error.
If a claimant of public land has
performed in good faith all the con-
dit!Ons required of him by the laws
of the United States. made final
proof in support of his entry and
thereupon secured from the receiver
of the local land office the requisite
hnal receipt, he has obtained, as was
said in RAIDER V. Allen, supra, "a
vested right in the land of which he
cannot be subsequently deprived"
Until the patent has been issued bv
the proper officers of the United
States, evidencing a transfer of the
legal title, the land department re-
tains jurisdiction of the subject mat
ter, and if the right of the person re-
ceiving the final certificate to obtain
the land is challenged on the ground
OF his fraud or that he has not COM
piled with the requirements of the
law, and at trial such charge is
substantiated. the entry may be can
celled and the land restored to the
public domain.
The Revised Rules of Practice
adopted by the Department of the In
terror July Is 1901 and in force
when the final certificate issued here-
on was challenged, (91 L. D. 527)
provides that a contest may be mi
uated against a party to any entry
unde" the laws of congress RELATING
to public lands for any sufficient
cause affecting the legality or valid
lty of the claims. Rule /. "Pegis-
ters and receivers may order hear
lngs in all cases wherein ent~v has
not been perfected and no certificate
mas been issued as a basis for pat
emit Id. 4. "In case of an entry or
location on which final certificate has
Deen issued the hearing will be or
dered only by direction of the Com
mlssloners of the General Land Of
nee Id. 5. Applications for hear
lngs under Rule must be transmit
TED by the register and receiver with
special report and recommendations
to the commission for his determine
tlon and instructions. Id. 6.
Pursuant to these rules. the recon-
mendation made by the register and
receiver to the Commissioners of the
General Land Office, that the entry
made by Fox of the land in contro-
versy be cancelled, initiated in the
manner prescribed, a contest respect
ing the validity of the entry thereby
challenging plaintiffs title and de-
priving the trial court of jurisdiction
OF the subject matter, until after the
title to the land has passed from the
government. Fitzgerald " Keith As
Pac. 10
The findings of fact do not support
the Judgment which is reversed and
the cause remanded with directions
to dismiss the action.
Mr.. Justice Burnett dissents.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07
The TaiIOrs StrucI.

Los Angels, Oct. 6.-Refused an
eight-hour day and recognition of
their union, 12S tailors in the en-
ploy of thre large tailoring estab-
lishments struck here today. Strike
headquarters were Immediately
opened in the Labor Temple.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07

When you have a bad cold you
want the best medicine obtainable so
as to cure it with as little delay as
possible. Here is druggists opin-
ion: Il have sold Chamberlain's
Cough Remedy for Is years., says
Enos Lollar, of Saratoga. Ind, "and
consider 1t the best on the market. ="
For sale by all dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07
THE SALEM, FALLS CITY ~ WEST
ERN RAILWAY COMPANY
SUNDAY EXCURSION RATES

Commencing Sunday, June 4, 1911
and until and including Sunday, Oc-
tober l, 1911, the following Special
Round Trip Fares will be in effect,
between stations named below, on
Sundays only:
Between
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07

West Salem aLd Black Rock. .S1.25
Dallas and Black Rock. .... 75c
West Salem and Falls City. -. 81. 90
Dallas and Falls City. ......... soc
West Salem and Dallas. ....... zoe
Falls City and Dallas. ........... SOC
Black Rock and Dallas. ........ 75c
Dallas and West Salem. .... 75e
Falls City and West Salem. . .8l.OO
Black Rock and West Salem. .S1.25
Children-Children of half fare
age, one-half of the adult fare
Date of Sale-Sundays only.
Limit-Tickets will be good for
continuous passage in each direction,
good only on date of sale.
Baggage-No baggage will be
checked on these tickets.
Issued May %, 1911. Dallas Ore
gon.
Effective June 4, 1911.
LOUIS GERLINGER, JR.,
General Manager.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07

If you have young children you
have perhaps noticed that disorders
of the stomach are their most COM
mon ailment. To correct this you
will find Chamberlain Stomach and
Liver Tablets excellent. They are
easy and pleasant to take, and mild
and gentle in effect. For sale by all
dealers.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01

must admit that saving today is not
the same as it was and when perSuad-
ed to try the wonderful saws made by
the Folding Saving Machine Company
the look of eXpectant agony gives
place to a grin of pleasure as the
labor is found to be nothing at all.
The Folding Saving Machine is not
only labor saving device it is a
profitable and money making invest
ment and is built on the most sound
scientific principles and of the very
best material 1t is. easily carried
and folds up like jack knife, is
instantly adjusted and even boy can
run it. 1t is SO quick IN its work
that one man can saw more wood with
it than two can do in any other way.
The old two-man saw is entirely
superseded and the record making
Folding Saving Machine takes it's
place. Showing what this machine
can do-a record of nine cords In ten
hours was made by one man as the
timber fell from the stump into snow
two feet deep. To saw five cords a
day with this wonderful machine is
easy and it will saw any kind of wood.
The manufacturers sell the Folding
Saving Machines under three year
guarantee which thoroughly protects
every purchaser. This machine is
greatly appreciated by all farmers who
saw their own wood and all laboring
men working in the woods, while
many wood and log sawyers double
their wages and earn enough to pay
for the machine in a very few days.
To all who are still suffering from
old fashioned methods of saving, or
who wish to make money in spare
time during the winter months and
save an infinite amount of labor the
Folding Saving Machine Co., 159-l64
East Harrison St., Chicago, will send
free illustrated catalog and full
particulars. When writing ask for
catalog GEO.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01
Creamery Operators Convene

The third annual convention of the
Washington Creamery Operators was
held in Tacoma December Is and 16.
The attendance was not large but
some very important topics we're
brought up and some interesting dis
cussions resulted.
The principal speaker was B. Fl.
Rawl, Chief of the Dairy Division,
United States Department of Agri-
culture. He gave a very interesting
talk on the relation of the creamery
to the patron. In brief he said:
"There must be a closer relation
between the creamery and those who
are producing the raw product. We
are crying for better grade Of cream
and we want better methods practiced
at the production end, but let me tell
you creamerymen, what you must
first do is to help the farmer increase
the production of the COW SO that he
will get large return for the feed
and labor expended. Then, and only
then, can he afford to look after the
problem of cleanliness. We have too
many of the $50 pound COWS and not
enough of the 500 pound cows. Help
the farmer to raise the average and
then we can cry for better cream"
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01
Business Methods in Farming

Farming is a business and when
conducted on proper basis is one OF
the most profitable businesses in
which man can engage.
1t is a custom among many of our
farmers to guage their profits by the
size of the crops and the price they
alone bring, rarely taking into ac-
count the Individual expense attached
to producing the crops. Through
this system, OF lack of system, rather,
the farmer often finds MINIS Il poorer
at the close of the season than at the
start and he wonder why, i'll spite
of good crops and fair prices, he
do esn't prosper.
On the other hand the merchant
carefully keep account Of the ex-
penSes i'll time, labor and machinery
and figures out the cost day by day,
constantly on the alert for ways to
cut down the cost of production and
improve his methods.
There are many farmers worrying
along year after year, depending
largely upon the weather and market
prices iCr successful season, who
could increase their yield of crops,
greatly to their profits by adopting
Planet II. tools in their work.
The WelI-knoOWn Planet Jr. farm
and garden tools are the greatest time
and labor saving farm Implements ever
invented. They frequently do six
mems work and enable the farmer 20
get larger and better crops with half
the labor and expense.
These implements are the invention
of Samuel Il. Allen, himself a prac-
tlcal farmer, and they are adapted to
every variety of farm and garden
work.
Every farmer who is desirous of
improving his farm and garden and
adding to his profits should procure
Planet Jr. catalog, which will be
sent upon request by addressing s.
L.. Allen Il Co., Philadelphia, Pa,
manufacturers of Planet Jr. tools.
This catalog contains a complete
description of the different type of
time and labor saving implements,
seed drills, wheel hoes, horse hoes
and cultivators, potato diggers, rid
| ing cultivators and orchard and beet
cultivators and fully describes their
J purpose and how they can be used.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01

The farmers of the state have
grievance against the State Board of
Control, if the news reports are
correct. 1t is said that they will rec
onmend the use of oleomargarine in
all state institutions in place Of
butter. A moIe assinine recommends
ton can scarcely be conceived. To
furnish to these helpless state wards
oleomargarlne in place OF. butter would
call for the severest condemnation.
Aside from the fact that olemargarine
as a food does not compare with
butter, the dairy farmer by the use
OF egumes, such as clover and alfalfa
aud the manure made by the dairy
cattle, returns to the soil each year
more than is used in growing the
crops Therefore the farm of the
dsiryman becomes more valuable each
year instead of being worn out as is
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01
Editorial Notes.

J. J. Hill, the railroad man, head
of the Great Northern railroad, has
been visiting the Sound cities during
the past month. Mr.. Hill is not only
a great railroad man he is also a
statesman and farmer having one OF
the finest farms in the state OF
Minnesota. He is also something OF
a pessimist and philosopher. His
homiIies on economy and conservation
receive and deserve world wide atten-
ton and the American people would
be benefited by following his advice
in most instances. While in Seattle
be was given a dinner by the Com
mercial Club and his address was one
of the most noted delivered in the
Queen City for the past year. The
most remarkable statement made was
to the effect that ii the fifty mi lie
strip adjoining Puget Sound was
properly farmed, that it would pro-
duce fifty million dollars per year
more than it is now producing. No
truer statement was ever made. This
country is blessed with wonderfully
fertile soil and the logged-Off lands
grow better with cultivation. The
trouble has been that the people OF
the west side of the mountains have
devoted their energies to mining and
numbering more than agriculture with
the result that millions Of dollars
worth of such everyday necessities
as butter, eggs, poultry and meat are
shipped i'll annually, that should and
could be grown at home. We hope
Mr.. Hills advice will bear good fruit.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01
80 Years Of Separator Success

On another page we publish very
strong advertisement Of the De Laval
Separator Company, entitled lover
Thirty Years of Separator Leader
ship"
Only the very best business manage
ment and merchandise Of unusual
merit could keep any concern in the
enviable position of leadership which
the DeLaval Company has so long
enjoyed.
cit is a record that in the history of
manufacturing and merchandising has
few EQUALS. 1t is a record that the
DeLavaI Company may we'll point to
with pride and great deal of graft
ication.
The statement has been frequently
made that the introduction and de-
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01

Wisconsin, which is probably the
most progressive dairy state in the
Union, is shown to have 1,265, 3l5
COWS which last year produced about
$40, 600, 900 worth of products. This is
an average of about S64 per COW.
This is less than half what good
dairy cow should produce.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01
Hnioig Our Patrons
Seeds

Every farmer will be inter ested in
the new seed catalog just issued by
K. HI. Shumway. Rocford, Illinois.
1t contains hundreds of beautiful
illustrations and is perfect mine of
information on all kinds Of garden
and flower seeds. Mr.. Shumway has
bnilC up an immense business by
giving every customer fair deal and
selling good seeds cheap. Send for
his catalOg today.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01
LIVE STOCK.

PURE BRED Stock Cattle, Swine, Poultry
Dogs. Always mention whether for utility or
show purposes, saves errors and misunder-
standings. We are sure to give you what you
want-seventeen farms to select from. We ship
from nearest farm, thus saving you shipping
charges. We will fill your order RIGHT or not
at all. Photos of stock furnished In many in
stances. Only pure bred stock, nothing SCRUB
by. Write us your wants, correspondence a
pleasure. We can furnish you with any book
on any line of farming or stock raising
Oregon Stock Farms, address department. +,
Box 453, Salem, oregon. ll-C3
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01

yelopment of the centrifugal cream
separator, first in the factory and
then the hand machine on the farm,
has done more than any other one
thing for the advancement of dairy
ing. and a great deal of the credit
for it belongs rightly to the DeLaval
Separator Company.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01
Bio Winter Profits.

There ere still certain people in the
world to whom the mention of a saw
is sufficient to cause a violent pain
in the back-a sort of "Reminiscences
of the old days when the were reluct-
antly driven to the back yard and
made to saw logs for the kitchen fire.
But even the veriest "backacher"
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1911-01-01

Rubber Stamps s snd hfum En n IN @
Letters, Badges, Numbering Machines, Notary
Seals, Etc Send for Catalog No. Is. Absolutely
eastern prices. Pacific Coast Stamp Works,
Baker Bldg, Second Ave. So. and Main Street,
Se0ttle