davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13
Teachers Examinations.

Notice is hereby given that the
county superintendent OF Marion
county will hold the regular examin-
alton for applicants for state and
county papers. at the First NJ q.
church. Salem, Oregon. as follows:
For State Papers.
Commencing Wednesday, December
goth, at 8 o'clock a. M, and continu-
ing until Saturday, December 2S, at
p. m.
Wednesday forenoon-Wrlting. u.
S. History, Physiology.
Wednesday afternoon - Physical
Geography, Reading, Composition,
Methods in Reading. Methods in
Arithmetic.
Thursday forenoon - Arithmetic.
Civil Government, History of Educa-
tion, Psychology, Methods in Geogra-
ply.
Thursday afternoon - Grammar,
Geography, American Literature
Physics, Methods in Language, Thesis
for primary certificates.
Friday forenoon-Theory and prac-
tice, Orthography, English Literature.
Friday afternoon = School Law,
Botany, Algebra.
Saturday forenoon--Ge Geometry geol-
ogy.
Saturday afternoon = General HIS
tory, Bookkeeping.
w. M. SMITH,
County School Superintendent.
12-9-10t
12-9-10t-and-1t-wkly
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13
NOtIee Of saIe Of Per.onaI propertr.

Notice Is hereby given that On
Monday. December 18th. 1911 AZ the
hour OF 10 o'clock a. m. ON said dats
the store premises In the building al
Joining the Peoples Bank, on Main
street city OF Silverton. county NJ
Marion and state OF Oregon. the nm
dersigned, being duly authorized
thereunto, will sell at public auction
70 the highest bidder for cash In hand
All the goods and chattels Contained
IN said premises and covered by the
mortgage hereinafter described: the
same consisting OF Zone front har
one back bar, one cash Register No
lSSlO6, one safe, enumerated slot
machines, one billiard and one pooI
table, four tables, 20 chairs. one desk
ana all glass and wood partitions
glassware and other chattels. grin
machine No. 265, striking machine No
$3.50, strength machine No s10e
uraw poker machine No. TG 80.
nickel machine No, 27e. nickel ma
chine No. 1910, quarter machine No
Said sale Is to be made for the
foreclosure, and pursuant TO the pro-
visions Of a certain chattel mortgage
executed by Ambrose Brooks 10 Mrs
Louise Weinhard, Mrs. Anna WessIn-
ger, Paul Wesslnger. and Henry Wag-
ner, executrixes and executors of the
estate OF Henry weinhard, deceased
dated the 25th day OF September,
1907, and recorded at page 516 I'm
book IL, OF the mortgage records Of
said Marion county, Oregon, to secure
cure the payment of certain prom
missory In said instruments described
for the sum Of $170O in gold coin OF
the United States OF America, paya-
bic on demand, with interest from
date NJ six per cent per annum. ON
hich note s675 has been paid account
principal. leaving n balance of Sfo25
and interest from date OF said note;
default having been made in the pay
ment Of the said note, though duly
demanded.
Dated and first published the 1lth
day OF December, 1911.
ANTON KIRSCHNER.
W. r-Feetashrdluetaohrdl tao uuu
12-s-7t-dly
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13
OREGON SUPREME COURT DECISIONS
Sn ie1 Published By Courtesy T. A. Turner Reporter Of n.
Supreme Court

range S2s east, where the stream
divides and branch flowing from II
to the left is known as East Fork
About a quarter Of a mile below
such separation the creek again di-
yides and branch flowing from IL
to the right is called West Fork. the
center stream being designated at
that place and below as the Middle
Fork. Rattlesnake Creek being thus
diverged, ech of its three branches
flows southerly about two miles or
more across nearly level land over
which. during freNhets, the water
spreads and finally disappears, prob
ably becoming visible farther south
as a part Of Malheur Lake The
channel of West Fork from the place
of its diversion extends southerly
across lands owned by the defen-
dants Shown and Clark, in the sec
tion named, thence over lots l and
2 Of section 80 in the township and
range referred to, which tracts of
land are respectively owned by the
defendants Davis and Halnes. The
channel of the West Fork then
crosses the township line ard con-
tinues southerly across the east
sides Of sections 25 and SO in town
ship 20 south of range 32 east
which latter section is owned by
plaintiff. The water, caused by
melting snow, originally flowed in
the West Fork to plaintiffs prem
ises where diffusing over and stand
ing for some time on the surface of
the easterly half of its land, pre-
vented the growth of sage brush
and grease wood and produced nat
ural grass affording pasturage and
hay and facilitating the raising of
stock, in which business plaintiff is
engaged, The flow continued in the
several branches to their respective
basins or sinks until about June
1st of each year when no water
could be found except such as was
afforded by few springs in or near
the channel of the East Fork. The
flow in the West Fork seems grad
ually to have diminished each year
for some time, owing the deepening
of the channels Of the Middle and
East Forks, the waters from both
of which have been used by the de-
PENDANTS to subirrigate their lands
by putting dams in the streams.
causing moisture to percolate the
soil. A slight ridge extending
southeasterly across plaintiffs land
divides It, and the westerly half is
by the waters Of Coffee
pot Creek, stream flowing south
easterly across its premises, the
easterly half of which has been
overhowed by waters from the West
Fork. Davis Strengthened the chan
mel Of West Fork across his prem
lses, filling the deep places, plowing
the land and raising grain on what,
at one time, had been parts of the
bed Of the stream. The waters of |
Middle and East Forks have been
used by the defendants to sublrrl-
gate their respective tracts in the |
of which the quantity
required each year has increased as
he area Of the tillable lands has
been augmented.
Continued on Page g.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13
raeihc Live Stock Co. '. Davis, ct al
Harney County.
Decided December 5. 1911.

4
Decided December 5 1911
Pacific Live Stock company. a cor.
poration, respondent, v Jasper IA.
VS. j. P. Withers, Joseph Clark and
rred Haines, appellants. Appeal
from the circuit court for Harney
county Hon. George E. Davis. Judge
argued and submitted at Pendleton
nov 2 1911. L. R. Webster (Em-
mons & Webster on the brieO for
appellants. A. A Smith (John L
Rand on the brief) for respondent
Moore, ]. Modified.
This suit was Instituted Nav 10
IsO5' by the Pacific Live stuck
company, corporation against
Jasper Davis, ]. W. shown, J. p.
"ithers, Joseph Clark, Fred Haipes
Nancy Roper, E. L. Wyatt, F. L. Wv
at+ Leora Martin, Belle Tregaskis
ana Jennie Curtis to enjoin intar-
ference with the flow of water. the
right to which is predicated on
plainuns ownership of riparian
lands. The defendants Davis with
ers' Clark and Haines jointly and
seVeerally answered, admitting the
alleged riparian proprietorship and
setting forth their respective rights
TO the use Of water. Nancy Roper
separtely answered, but the suit was
dismissed as to her. Leora Martin
not having been served with pro-
cess made no appearance. The re-
naming defendants though served
with summons, did not appear or
answer A reply having put in issue
the allegations of new matter in the
Joint answer the cause was referred
and from the testimony taken the
court made findings of fact and Of
law, awarding to plaintiff four-ninths
OF the water in dispute, to be meas
ured where the stream divides form
ing branches in the nature of a del
ia. From this decree an appeal is
taken by the defendants who Jointly
and severally answered.
Moore, j. 1t is maintained by de-
fendants counsel that as the town
ships in which are situated the lands
owned by the respective parties
hereto were not surveyed until after
March 8, 1877, no title to such prem
ises could have been secured prior
to the passage of the Desert Land
Act and that the principle an
nounced in Hough v. Porter, 81 Ore.
BIS controls, preventing plaintiff
from asserting right to any of the
waters involved herein under the
claim of riparian ownership. This
suit was commenced before the de-
cision was rendered in the case to
WHICH attention is called, and as nei-
ther of the defendants herein allege
an appropriation of any water, but
rely upon respective claims of ripar-
an prOprietorship, the decree to be
rendered will be predicated on that
ground, since the statute recognizes
he existence of such right. L. o. L.
Sec. $685..
Considering the case on its merits
he evidence discI0ses that Rattle
snake Creek rises in the northern
part of Harney county and flows
'Outherly to the northeast quarter of
section 10 in township 20 south of
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13

When you have abllious attack give
chamberlains Tablets a trial. They
are excellent. For sale by all deal
ers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13
Mems Shoes

o boots best g7 leather sold $500 and 500
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13
Ladies' Rubbers

s4.O0 Boys high top boots
$3.50 Boys'high top boots
Big line broken gi7es
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13

Ladies house slippers all coors $3.50 to 50 gradesOSc
Mems house slippers In all styles 35c up
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-13

Ig line boys Shoes greatly reduced 60 at SIPS and un
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
The Big League
BY CHARLES K. VAN LOAN.

the four men playing the infield
kept up a running fire of comment
upon his work. They called this
keeping the pitcher in line" AS
a matter of fact, 1t amounted to
simple nagging. Every man on
that infield was a past master OF
inyective, sarcasm, and abuse.
The first time Corbin pitched a
game during the spring training
he was seriously annoyed by the
fiery line of conversation which
reached his ears.
The first time he missed the
plate when strike was needed
McCarty strolled over from first
base and tmplored him to button
the top button of his shirt, "to
keep his heart from choking him
to DEATH" Harrigan, with his
glove up to his face to keep the
people in the grand stand from
hearing his exact phraseology, re-
quested to know what in the eter.
nal regions of regret that many.
IadJectived bush Lacquer was trying
to do, anyway. Ryan, at second
chimed in with some red-hot ad.
vice, and Jennifer, at short, added
his peppery comment.
This annoyed Corbin, for he
was used to pitching his own game
land using his own brains.
You can cut out my part o,
that talk, if you please" said Cor
bin, when he reached the bench
after the inning. "Cuss amons
yourselves all you please, bu
leave me out of 1t. l don't like
it."
Continued Tomorrow
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
.McGrawWarne
Merkle Fined
(By United Press Leased Wire.

(By United Press Leased Wire.)
NEW YORK, Oct. 20. - The
Giants are 'in bad" with the ma
tional commission. Manager Nc
Graw has received official notifi-
cation from the commission that a
repetition of his conduct in Tues
days game with the Athletics, will
result in a heavy fine, removal
from the field and disbarment
from future worlds series games,
while First Baseman Fred Merkle
has been fined 500. McGraw S
attitude toward the umpires from
the coaching lines and the bench
was offensive and Merkle was pun
ished for the use of improper Ian
guage on the field.
That McGraw openly accused
the national commission Of hav-
ing the worlds series fixed" in
favor of the Athletics during the
TRADES of abuse which he emitted
on. the diamond on last Tuesday,
is the statement made today by
Ban Johnson, president of the
American league.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20

When it further developed that
Corbin fielded his position like a
shortstop, hit the ball hard and
often, and was ghost on the
bases, the Gamecocks decided that
he would do.
But they did not tell this to
Corbin. They thought that the
end of the season would be time
enough for the passing of bou-
quets. The Gamecocks never
gave a new man any excuse for
sinful pride.
Corbin was a quiet, peace-lov-
ing youth, accustomed to certain
amount of encouragement. There
were times during the spring
training when the biting sarcasm
of his team mates made him long
to pack up the other shirt and re-
turn to the West, where people
knew how good he really was.
AS he never talked religion in
the club house, this point in his
character escaped general atten-
ton, though the Gamecocks no
Iticed that he never used profan-
ity-a strange thing to them, for
they were the sole proprietors of
many very satisfactory and full
chested oaths. In fact, conyersa-
ton on the bench with the Game
cocks sounded like a Chinese New
Years celebration, for it was oiled
with high explosives.
Corbin took no part In the gen
eral conversation. keeping himself
rather apart and making no init
mate friends. Had he tried to dc
this, the Gamecocks would have
thought him "fresh" and would
have rebuked him accordingly
His natural reserve of manner was
taken for judgment, and the vet
Grams of the team liked him &c
we'll that they were prompted tto
dissemble their feelings. They &C.
complished this with so much sue
cess that the boy drew still far
Their into his shell. Is
Now, this team had a peculiar
manner of treating a new pitcher
1t may not have been the best way
to handle man like Corbin, but
1t was the Gamecock way, and
therefore, part of the unwritten
law of the club.
While a pitcher was working"
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
HALL HAS.
FEVER.

Bert Hall, former star pitcher
for the Tacoma Tigers, who was
sold to the Philadelphia Nationals
last season, was yesterday taken
from his home to the st. Joseph's
hospital with a severe case of ty-
phoid fever. The doctor an
nounced that the sickness had
been in his system for several
weeks.
Hall has not felt in condition
for some time and when he re-
turned from the East last week
went at once to a physician. The
doctor does not believe the case
will prove serious.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
Game Postponed
For Third Time

ing out eleven Giants and pitch
ing a wonderful game, is anxious
to get another chance to pitch his
team to victory, but it is thought
that Mack will send in Plank,
using Bender in the fifth game.
The Athletics and Giants are
far from being a sociable party at
present, and it is feared that the
next game will develop bad blood
on both sides.
Bakers cuts, received from
Snodgrass' spikes, are hurting
with the result that the Athletic
third baseman Is becoming peeved
over the incident, while Snodgrass
is angry and disgruntled over the
charges of dirty ball" which are
being made against him.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
|v Wire Sp parks
By United Press Leased Wire.

NEW YORK-Abe Attell and
Jack Kilbane are matched for the
worlds featherweight champion
ship at 1872 pounds, it was an
nounced here today. The men
will fight before the club Offering
the best purse.
NEUTRALITY-SUSPICIOUS. John
ny Thompson sails on November
1 for Australia, where, according
to a statement made here today,
he has FIVE matches under the
management of Hugh Mcintosh.
LOS ANGELES-Ei Eighteen mem
hers of the Stanford university
football squad arrived here today
for their contest against the Uni
versity of Southern California to-
morrow.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
Women PLAY Golf

The feature of the first day of
play in the open handicap golf
tournament which started yester-
day at the Tacoma Golf and Coun-
try club links was the close scores
of the leading women in the la
dies matches. Mrs. Hellar won
the handicap tourney with a net
score of IS, followed closely by
several others. Mrs. Griggs made
the lowest scratch score of 81.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
Pres.Grahan1
Resigns

(By United Press Leased Wire
SAN FRANCISCO, Oct. 20. =
Thomas F. Graham, president of
the Pacific Coast league, handed
in his resignation to the board of
directors today. There has been
no trouble or friction. Press of
judicial business and feeling that
he has served his time as head of
the league led Graham to resign.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
PORTLAND HAS
THE REMNANT

PORTLAND, Ore, Oct. 20
Vernon losing to Los Angeles yes
terday and Portland winning from
San Francisco einched the Coast
league pennant for Portland. The
season does not end until Sunday
but should Vernon win all the
remaining games and Portland
lose all the percentage would still
remain in the local teams favor
by .5S3 to .5S2. Portland played
a hard steady game all season and
deserved to win, the race being
close throughout.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
JOHNSON GOING
BACK FAST

NEW YORK, Oct. 20.-"John-
son has been training hard in
England, but he has just naturally
slowed up" said Marty Cutler,
sparring partner of the champion,
here today. Cutler added that
johnson is going back rapidly,
and that he has virtually decided
to quit the ring.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
(BULLETIN.)

(By United Press Leased Wire. }
PHILADELPHIA, Oct. 20. -
Rain and wet grounds again con-
timed to delay the championship
ball games at Shibe park. Rain
falling all last night made the
diamond quagmire and the ma
tionaI commission announced that
the fourth Giants-Athletics game
would not be played today.
Matty May Pitch.
The rain makes it possible for
Mathewson to pitch tomorrow, and
1t is believed that McGraw will
send him to the mound.
For the Athletics, Bender, the
star Indian twirler. who lost the
first game of the series after strik-
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
is
EXPECTED TO WIN

Tomorrow on the stadium field
the Tacoma high school football
team will clash with the eleven
from Olympia. Although the cap
itol city boys have a great advant-
age in weight the local team is
conceded the victory on it's SUI
perior knowledge and skill of the
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
Portland Game
Is Called Off
BY United Press Leased Wire. }

(By United Press Leased Wire.)
PORTLAND, Ore, Oct. 30
The proposed game between the
Oregon Agricultural college and
the Portland Multnomah club, set
for October %, has been called
off. The Aggies will have their
first big clash with the University
of Washington at Seattle Novem-
Der II.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20

Be happy. Use Red Cross Bali
Blue; much better than liquid
blue. Delights the laundress. Ten
smiles for a nickel. Always buy
Red Cross Ball Blue; have beau
tlful clear white clothes At all
grocers. $50
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
Nelson Again
Outclassed

(By United Press Leased Wire
AUGUSTA, Me-, Oct. 20.-An-
other defeat is added today to the
long career of Battling Nelson,
who was hopelessly outclassed in
a six-round bout here by George
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
By Condo

Alger of Cambridge. Alger kept
the former champion at arms
length throughout the contest and
landed four blows to the Danes
one.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20

5o"C.
The Tacoma lineup will be the
same as usual with the exception
that Crane, the basketball star,
who may be given a chance to
show his mettle at left end. Crane
has been showing up good in prac-
tice lately and may yet win a place
on the team.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20
St. Martins Boys
to Witness Game

The st. Martins college foot
ball team of Lacy has taken a
lively interest in the Tacoma elev-
Ell and are coming here to root
for the Gold and Blue in the game
with Olympia Saturday. The col
lege team hasn't another game
until October % when they again
meet the U. P. s. team on the
grounds at Lacy.
The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1911-10-20

Order Fruit Trees and Shrub
berry. Tacoma Implement & Seed
Co., 18th and Com. %%%
The Elk Mountain pilot., 1911-07-20
CARING FOR TUBERCULOSIS
Thirty-Nine State and 11% Local sana.
torIa Provided, but These Are
Only 4 Beginning.

In spite Of the fact that state sana-
toria and hospitals for tuberculosis
have been established in 81 states. and
ia municipal or county hospitals in
26 states. vastly more public provision
10 needed to stamp out consumption
says the National Association for the
Study and Prevention Of tuberculosis.
Nearly every state east Of the Missis-
sippi river has provided = state sana-
torium. and west Of the Mississippi
river, stats sanatoria have been es-
tablished in Minnesota, Iowa, Missouri.
Arkansas. Texas, Kansas, Nebraska.
North Dakota. South Dakota, Montana
and Oregon. There are 3S sanatoria
provided BY these states. Massachu-
sstts having four. Connecticut and
Pennsylvania three and Texas two. In
cluding special pavilions and aims
houses. there are ia municipal or
county hospitals for the care Of tuber-
culosis patients.
Apart from these institutions. how
ever. and a few special pavilions at
prisons, hospitals for the insane. and
..nie u,ner pubic institutions. a grand
total OF hardly 200. the institutional
care Of the consumptive 10 left to priv
vate philanthropy.
The Elk Mountain pilot., 1911-07-20
PITIFUu SIGHT WITH ECZEMA

"A few days after birth We noticed
an infiamed spot on our baby's hip
which soon began spreading until
baby was completely covered even in
his eyes. ears and scalp. For eight
weeks he was bandased from head to
foot He could not have . stitch OF
clothing on. Our regular physician
pronounced It chronic eczema. He is
q very able physician and ranks with
the best in this locality. nevertheless.
the disease began spreading until
baby was completely covered. He
was losing flesh so rapidly that we be-
came alarmed and decided to try Cuti-
cura Soap and Ointment.
mot until I commenced using Cuti-
cura Soap and Ointment could We tell
what he looked like. As we dared not
wash him. and I had been putting one
application after another on him. On
removing the scale from his head the
hair came OF, and left him entirely
bald. but since we have been using
Cuticura Soap and Ointment he has
- much hair a. ever. Four weeks
after We began to use the Cuticura
Soap and Ointment he was entirely
cured. don't believe anyone could
have eczema worse than our baby.
Before We used the Cuticura Rem
edies we could hardly look at him. he
was such . pitiful sight. He would
fuss until l would treat him. they
semed to relieve him 80 much. Cuti'
cura Soap and Ointment stand by
themselves and the result they quick
iy and surely bring is their own rec
ommendation." (Sisned) Mrs. T. b.
Rosser. Mil Hall. Pa. Feb. 20. 1911.
Although Cuticura Soap and Oint.
ment arc sold BY druggists and deal
ers everywhere. . sample OF each
with s2-paGe book, will be mailed free
on application to "Cuticura," Dept.
- X, Boston.
The Elk Mountain pilot., 1911-07-20
"cAMplNo IN THE ROCKIES"

The Joys OF outdoor life In the
Rocky mountains are pictured and do
scribed in new booklet issued by the
Passenger Department. Denver and
Rio Grande Railroad, entitled Camp
ing in the Rockies" The story Is sup
plemented by some estimates. show
ing the cost OF outing tours In Colo
RADIO, Utah and New Mexico, which IN.
cludes railroad, hotel. carriage ana
other incidental expenses. Space 10
also devoted to camping conveniencss.
sites. supplies. suggestions and see'
cons.