davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09

safe or substantial should be done by
the contractor whether specified or
not. without extra charge Pursuant
to the resolution the surveyor ran
cross section lines, examined the land
and filed with the auditor specifca-
tions for the improvement which
provided that cuts and fills should be
made to make the highway conform
to the established grade and that on
certain lines conduits of designated
material and dimensions should be
used. The established grade of Irv-
ing Avenue at Eighteenth and Nine
teenth streets is 1856 and 191 feet, re-
spectively, above low water on the
Columbia River, which stream is
nearly parallel with and about 500
feet from the avenue. Though the
specifications filed provided for the
disposal of surface water, the drain
ing Of block "a was not required, nor
was any bulkhead or other means
suggested to prevent a possible slide.
The ordinance limiting the time and
prescribing the manner Of the grad
ing demanded that the performance
of the work be let to the lowest bid
der and that "the contract shall pro-
vide that said improvements shall be
constructed and completed to the sat
isfaction of the committee on streets
and public ways, and the superin-
tendent of streets and the city sur
veyor." The contract stipulated that
the improvement should be made
strictly as provided for by the plans
and specifications and the ordinance
and that Goodin should have full
charge of the work.
He installed at the designated
places conduits of the character de-
manded and began to make the fill
but soon discovering that the sur.
face Of the ravine was gradually set.
Ting, carrying down and breaking
the drain pipes, which he had laid
and upon demand of the committee
on streets he put in a box draiI
made of wood, but it soon sank
When about 5000 cubic yards O
earth had been moved into the fill {
heavy rain occurred and a sink holt
appeared into which were daily place.
about 200 cubic yards Of soil withou
making much change, so that on tn,
following morning the cavity woult
seem as vacant as 1t had on the pre-
ceding morning. When working
near this hole an unknown spring
was revealed which constantly dis
charged sufficient water to fill two
inch pipe. Below the fill as the em
bankment rose. The surface of the ra
vine began to crack, bulge and grad
Eually to move towards the river. l,
the rainy season water flowed fror
the gulch which at one time was S
swampy that a horse had been miret
but in the summer when the specif1
cations were prepared and the i'm
provement undertaken no water ar
peared on the surface. Near the fl
however, an oval pool, comprisin
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09

about 100 square feet, contained a
little water. Displacement of soil
had occurred in other parts of AS
toria but none had ever been known
to happen where the slide here spok-
en- of took place.
A. S. Tee, who had been city sur
veyor of Astoria nearly 10 years and
whose experience as civil engineer
covered a period of 81 years, testified
that he was not requested by any one
to ascertain whether or not the sur
face Of the ravine was sufficient to
sustain an embankment of 80 feet,
which was it's height at the deepest
place in the gulch; that until the
ground began to settle he had never
entertained doubt on the subject of
the stability of the soil; and that he
had also supposed the pipes provided
for and which were placed in trenches
under the I'LL were adequate to carry
ou ali Jn6 water.
w. A. Goodin testified that in clear
ing the right of way on Irving ave-
nue., before the resolution was adopt
ed declaring an intention to make the
improvement, he discovered cracks in
the earth at the place where the
slide subsequently occurred. This
witness did not inform the city sur
veyor or any one of this fact, so far
as disclosed by the transcript,
G. B. Hegardt and T. H. Curtis,
civil engineers of many years. exper-
ience, who examined the premises af-
ter the injury, severally testified that
before any improvement was under
taken at that place the subsoil should
have been examined by boring to de-
termine whether or not foundation
could have been secured sufficient to
sustain the weight Of the fill, and
that provision should have been made
for system of drainage which was
as essential as a safe basis for the
fill.
Predicated on such testimony q
finding was made that defendant did
not exercise care or skill in provid-
ing plans or specifications for the
improvement or for drainage. The
conclusion thus reached seems tc
have been questioned by the tria
court for with the findings was filet
an opinion wherein 1t was said
"But even If there should be doubt
as to the question Of negligence IL
preparing or failing to prepare {
proper plan of improvement, the sub
sequent conduct Of the city in regard
to the fill in the gulch after the hill
side began to move out, leaves m,
mind entirely free from doubt as tt
the liability of the city"
/ A municipal corporation in devils
| ing plans for improving public high
} ways within its borders acts judicial
ly and when proceeding in goo
= faith is not liable for errors Of judg
= ment, but in constructing the wor
it acts ministerially and is bound t
d, see that the plan is executed in
: reasonably safe and skilful manner
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09
an IMPORTANT DECISION AS TO THE
LIABILITY OF CITIES IN DAMAGES

sOreme Court Hands Down Opinion in Case Where Making
Street Improvements, Damages Are Incidentally Caused
and Holds City BameIess if Duly Carefu--It Also Makes
Rulina Concerning Priority of Liens.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09

CONTINUED on Page 6.)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
WOMEN TO HAVE CHARGE
OF WELFARE BANQUET
Four Hundred Invitations Issued
for Civic Federation Dinner
Next Tuesday.

The executive committee Of the wom-
ems welfare department Of the National
Civic Federation Of Washington has
completed plans for a complimentary
banquet to be given at Rauscher's next
Tuesday evening at o'clock.
At meeting held at the residence Of
Mrs. Archibald Hopkins last evening
Mrs. William Barrett Ridgely reported
that 400 invitations have been issued for
the dinner and that addresses would be
made by Mrs. John Hays Hammond.
chairman Of the women's welfare depart
men; Senator Henry Cabot Lodge, Tim
othy Healy, president of the Interna-
uonal Brotherhood Of Stationary Fire
men, and Mrs. Medin Mccormick.
Mrs. McCormick's address will be illus
trated with lantern slides.
During the banquet q section OF the
Marine Band will render a program.
1t is pointed out by the committee in
charge that the banquet Is given with
the idea of acquainting the people OF
Washington with the work of the depart
ment and the results obtained by its eff
forts.
Mrs. John Hays Hammond. Mrs Archi-
bald Hopkins, Mrs. Samuel Spencer and
Mrs. M. A. Hanna will receive the
guests.
The reception committee is composed
of Mrs. William B. Ridgely. Mrs. John
MeLaughlin. Mrs. J: G. Pilling, Mrs. Rob-
Mrs ]. Nota McGill. Mrs. @. H. Sharpe.
Mrs. ]. w. Dwight. and Misses .Maude
Wetmore. Sophie Stanton. Florence
Brown and Elizabeth Davis.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
BOARD OF TRADE MEETING.
Important Matters Will Come Up for
Consideration Next Wednesday.

In view OF the important matters
which will come up for discussion at
the meeting Of the Board OF Trade
scheduled for next Wednesday evening
at the New Willard Hotel. it is expect
ed that the attendance will be large.
Notices Of the meeting are being sent
out today.
At a meeting OF the executive COM
mittee at noon today request from
John B. Mccarthy, asking to be given
hearing by the Board Of Trade in
opposition to the Associated Charities,
was read. The executive committee
however, in view of the fact that the
program for the coming meeting Of
the board is already long. and has been
made up for some time, directed that
Mr.. Mccarthy be invited to attend the
meeting of the board, but declined his
request to be heard.
With the notices Of the meeting,
request is being sent to each member
OF the board to nominate for member
ship at least five persons. Members
are requested to send the names to the
secretary, William John Eynon. The
membership committee OF the board
will Immediately call upon the nominees.
AS a result Of the active campaign
which is being carried on by the menu
bership committee, the membership Of
the board is being increased at the rate
Of thirty new members month.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
GRAND JURY INDICTS TWO
FOR FIRST-DEGREE MURDER
Arthur johnson and Matte e. Lo-
max to Face Serious Charges.
Other Indictments.

Arthur johnson and Matte r. Lomax
were each indicted today by the grand
jury for murder In the first degree. An
indictment charging second-degree muir
der was returned against Samuel Mat
thews.
Johnson Ii alleged to have used a piece
W metal pipe on the head OF John Ofen-
stein December last, infiicting a wound
from which Ofenstein died the next day.
Matte f. Lomax is charged with
shooting and killing Cecil Lomay De-
cember Is last.
The charge OF second degree murder
against Samuel Matthews is based on
an assault said to have been Committee
December IS last. when Matthews is
alleged to have struck Thomas G. Linn
strong. with q piece OF iron pipe, and
Limstrong died three days later.
Other Indictments include: Joseph
Goodman. non-support Of wife and minor
children: George Reed. HOUSEKEEPING and
larceny: Oliver Washington, alias Peter
Washington. housekeeping and larceny:
Aspbourne johnson. alias LAss johnson,
ington, Edward Pratt and John I. Car
roll larceny from United States; George
Haliback. assault with dangerous weap-
on; Oliver p. Christopher, house
breaking and grand larceny: Wi
liam Lloyd Walker. alias willis
Walker. housebreaking and larceny:
Milton Dimes. HOUSEKEEPING and lar
ceny; Robert Preston and Harry Walk
er. housebreaking and larceny; Charles
minor child; John Colbert, housebreak-
Ing and larceny; Robert Phoenix. alias
Robert Micken, HOUSEKEEPING and lar
ceny.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
IN CLERKS BEHALF.
Widespread Interest in the
Proposed 100000 Fund.
TRADE BODIES MAY ACT
Congratulations Extended to Mr..
Chase, Who Started Fund With
$1,000 Subscription.

Following close upon the announce
ment yesterday of his initial subscription
OF $1,000 to aid the movement for i'm
proving conditions of government en-
ployes. p. B. Chase began to receive
messages of congratulations
All last evening and this morning those
who are enthusiastic over the new propo-
stion kept him busy responding to calls.
Scores of persons visited him at his Of
flee today to express commentator of his
action in inaugurating a nationwide
crusade to obtain increased compensation
for the thousands of government and
District clerks.
Before Trade Bodies.
While individual efforts will be made to
give impetus to the campaign from now
on the movement will be officially start
ed, it is expected, at the meeting of the
Board of Trade next Wednesday.
Mr.. Chase will lay the proposition be-
fore the board and ask its cooperation in
spreading the propaganda and soliciting
a tuna of $lOJ,oJl, to De used in obtain
ing the required legislation by Congress.
The Chamber of Commerce also will be
asked at its next meeting to appoint its
ten members to serve on the COMMITTEE
of one hundred"
In the government departments and at
the District building today the new move
ment was the chief topic of conversation
among clerks. Although it is not pro-
posed to allow the clerks to contribute
to the fund, hundreds Of them will assist
In getting the crusade under way by
their personal efforts.
Capt. James F. oyster, president of the
Chamber of Commerce. after reading the
offer of Mr.. Chase, said he would sup
port the movement and exert every effort
to encourage the business men of Wash
ington to aid the campaign
Should Meet Approval.
In times past the Chamber of Com
merce has adopted resolutions favoring
an increase in salary for government en-
ployes." said Capt. Oyster. This propo-
sition should meet with the approval of
every industrial interest here and in
other cities where persons holding posi-
tons under the federal government are
employed.
chamber at its next meeting l am GER
tain no time will be lost in taking
suitable action"
Gen. George H. Harries. president Of
the Washington Board of Trade. said
the terms of Mr.. Chase's letter making
the donation of $1,000. He said he
would give the matter his personal at
tention, and intimated that the board
would discuss the movement should it
be laid before it at it's meeting next
Wednesday.
number of members Of the two
trade bodies who have learned of Mr..
Chase's offer are enthusiastic over the
possibilities of the movement, and are
anxious to have Washington business
men inaugurate the campaign which
has for its purpose the betterment Of
conditions for government and District
clerks.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
EXTENDS VAN BUREN, STREET.
House Passes Bill by Unanimous
Consent.

BY unanimous consent the House to-
day passed the Senate bin to authorize the
extension Of Van Buren, street northwest
from Piney Branch road to its present
western terminus east OF Sd street, with
width OF sixty feet.
Representative Johnson Of Kentucky OBJ
jected to q similar Senate bill authoriz-
ing the extension OF Underwood street
northwest within the same limits. Mr..
johnson said he arrived In the chamber
too late to object to the Van Buren, bill
or he would have killed that. He told q
Star reporter that it was proposed to
run both Van Buren, and Underwood
streets through the same plot OF ground
seven miles north Of the Capitol.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02

Special Dispatch to The Star.
WINNIPEG, Manitoba. March DIR.
John e. Jones. United States consul gen.
eral for western Canada, narrowly es-
capped death yesterday afternoon while
stepping from an elevator EN- route TO
his Office DR.. Jones. who was just re-
turning from luncheon to his oflice on the
third floor of the M. c. Greevy block, had
not fully got out of the cage when the
power was thrown on and the car started
up.
DR.. Jones. realizing his perilous posi-
get caught, was too late, and his body
was wedged between the cage and the
top of the open doorway.
Unconscious for Hours.
When picked up he was unconscious,
and had sustained a terrible wound on
the back of the head, which at first was
thought to be a fracture.
Doctors were Immediately called, and
advised that he be taken to his home for
treatment. where he did not regain con-
seriousness for hours.
DIR. Jones' injuries make it necessary
that he be confined to his home. with
absolutely quietness, for some time. He
has just returned few days from Vir-
ginia, his old home, where he had at
tended the funeral Of his late father-in-
law.
DR.. Popham, his medical attendant. this
morning said: THE consul general re-
ceived a rather bad shock and was I'M
conscious for a considerable time, but he
Is coming around. He has sustained
bad scalp wound and some Commissions.
He is great deal improved today"
How the Accident Happened.
In making a quick movement to draw
back into the ascending elevator DR..
Jones struck his head with considerable
force against the top of the iron door;
then, with rare presence of mind. he
threw himself out of the elevator. which
was moving all the time, and fell to the
door, several feet below, where he
tainted.
He recovered sufficiently to be assisted
into his private Office, where he inn
mediately lapsed into Inconsistencies,
which except for occasional monetary
revivals continued all night.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
FOUND DEAD IN ROOM.
Miss Annie c. Lincoln Died Without
Medical Attendance.

Miss Annie c. Lincoln. sister of s.
Dana Lincoln, was found dead in her
room at 1905 Sth street northwest, last
night. She was last seen alive Tues
day. Coroner hewitt learned, and, as
there had been no physician in attend
ance, an autopsy will be performed to
determine the cause Of death.
Miss Lincoln was. native of Mary
land. and several years ago was ap-
pointed to a position in the bureau Of
fisheries. Two months ago she was de-
tailed for duty in the bureau Of natural
ization, Department Of Commerce and
Labor.
Coroner hewitt was told Miss Lincoln
had been in i'll health, and it is be-
neved her death resulted from pneu-
for the funeral. at 8 o'clock tomorrow
afternoon, from Lees Chapel, 332 Penn
sylvania avenue northwest.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
THOS. HENSON CHARGED
WITH SLASH|NG HIS WIFE
Nearly Three Hundred Stitches
Needed to Close Woman's
.Wounds-She May Recover.

Charged with assault with intent to kill,
Thomas Henson, colored, is at the second
precinct police station. while his wife.
the victim, is in a serious condition at
the Casualty Hospital, nearly three hun
dred stitches having been taken to close
her wounds. The assault occurred at the
home of the couple in Largo, Md, yester-
day
Henson left home shortly after the cut
ting and came to this city. He was ar
rested about 2:3O o'clock this morning at
the home of his brother, on New Jersey
avenue northwest. by Acting Sergt. Jack
and Policemen Sutton and Sabin.
Says His Wife First Attacked Him.
Capt. Peck. I'm command Of the second
precinct, questioned Henson today regard
ing the assault. The officer says the pris-
oner admitted cutting his wife He de-
clared, however. that when he and his
wife engaged in quarrel she attempted
to cut him with a razor. According to
Capt. Peck. Henson asserts he took the
razor away from her and cut her.
The arrest of Henson was brought
about through the efforts of f. w.
Sansbury. a deputy sheriff of Prince
Washington last night and asked the
police to look out for Henson.
Good Chance of Recovery.
Mrs Henson was brought to this
city In farm wagon by her sister.
She was In critical condition when
she arrived at the hospital. She had
lost considerable blood. DR.. r. NJ. Kill
gour, head of the hospital STAFF, assist
ed by Drs. Moffett. Kane and Diggs,
Immediately performed an operation.
II was stated at the hospital today
improved and that she has a rood
chance for recovery
The husband will probably be taken
back to Largo. Md, this evening to
await the result of his wife's injuries.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
WOULD GIVE UP BLOOD.
Thirty Strong Men Answer Adver-
tisement of Hospital.

PHILADELPHIA. March 2.-Thirty
strong, athletic-looking men called at
the Jefferson Hospital here today in an
swer to an advertisement in the morning
newspapers offering reward for q pint
of human blood needed for a weakened
patient at the institution. Nearly half
of the volunteers deserted. however.
after an uneasy wait for examination in.
an atmosphere Of ether and a surround
ing in which surgical instruments were
prominent.
The blood will be transfused to the pa
tent as soon as the chief resident ply
stefan Of the hospital chooses the SUBJ
ject. Whoever II chosen. It Is said. will
be given $50
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
MEXICAN MINISTER
SAILS FOR AMERICA
Jose Ives Limantour on kron.
prinz WiIheIm-Pr0ves
Prisoners Claims.

CHERBOURG, France. March 2.-Jose
Ives Limantour. Mexican minister of
finance, is a passenger on the North Ger
man Lloyd steamer Kronprins Wilhelm,
which sailed last night for New York.
Senior Limantour is accompanied by
Sonora Limantour. the Improvement in
whose health made 1t possible for them
to begin their homeward journey. The
Kronprinz Wilhelm should reach New
York March Z.
In speaking of his expected return to
Mexico recently the minister said that he
planned to proceed from New York by
water to Yucatan for a private visit there.
He did not Indicate when he would be
likely to continue to the capital. The
minister has been In Paris since last
August, having come to Europe to place
bonds in conversion of the Mexican ma
tionaI debt to the amount of $11OO00,O0O.
which has been accomplished only IN
part His delay I'm returning home is ex-
planned by the Illness Of Sonora Imam
tour, who has been under medical treat
ment there for some time.
In a recent interview in Paris, which
attracted wide attention, Senior Iiman-
tour said that the only plan which he
had for the restoration OF peace In Mex
leo involved the laying down or their
arms by the revolutiOnists In order that
the government might with dignity and
honor treat with those who had endan-
eered both the security and the credit OF
the nation. This done, he was convinced
that the various reforms. the demand for
which was the genesis OF the revolution.
should he granted after careful study and
elaboration. The only alternative he
foresaw was q long and wasting struggle.
Corroborates Prisoners Assertion.
Ell, PASO, Tex, March 2.-An agent OF
the Department of Justice of the United
States yesterday completed an investiga-
ton of the claim of Lawrence Converse
of Los Angeles and Edwin Blatt OF Pitts
burg that they were arrested on Amer
lean soil, and says all the evidence cor
roborates the assertion Of the men.
He found a boat tied in the river where
they said they had left it. In. this boat
the men said they crossed from Mexico.
The officer procured statements from sew
eral persons that the house where the
men were arrested is on American soil.
Col. Guellar and 600 federal troops. who
left Juarez Monday night to search for
the insurrectos under Orozco, with whom
Provisional President Madero Is believed
to have established his headquarters.
have been unable to proceed beyond Sab
inal, as the railroad track between Sab
inal and Casas Grandes has been torn up
by the insurrectos.
To make absolutely official. preceding
denials If the published statement that
there have been any negotiations what
ever between the Mexican government
and the insurrectos looking to the es-
ia blishment OF peace. the Mexican en-
bassy here today made public telegram
just received from Enrique Creel the
Mexican minister for foreign affairs The
minister makes the most complete and
denial Of the story referred
to, and indicates that no person au-
by the Mexican government has
been in communication with the revolu-
tionists regarding peace.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02

CINCINNATI, Ohio, March 2.-Prof.
A. B. johnson, father OF Ban Johnson,
president Of the American Base Ball
League, died here today. aged eighty
four years. President johnson and
other members Of the family were at
the bedside.
Until he retired from active life, sew
eral years ago, Prof. Johnson was one
Of the leading educators Of Ohio.