davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06
OREGON SUPREME COURT DECISIONS
Fun Text Published by Courtesy of f. A. Reporter
Supreme Court

statements led plaintiffs agents to
believe that he had been paid for the
interests conveyed by him and his as
sociates, and stated to one of the
agents that he had been paid in full
for his land; that such statements
were made with intent to mislead
plaintiff; that it has thereby been
misled to its great damage; that the
Willow River company has no means
of paying judgment, except from
the sale of its property; that plain
tiff, in order that the company may
be enabled to continue in business
and carry out its projects, will be
compelled to advance money to pay
any judgment that Cole might recov-
er, and, as stockholder, will be
compelled to pay so per cent of any
judgment obtained by Cole in the
premises; and that the Willow River
company has no defense to the action
at law.
A motion to dismiss for want of
equity in the bill was overruled. De-
fendant answered, and on January
%, 1911, when the case was called,
plaintiff moved for continuance on
the ground of the absence of material
witnesses. The motion was over
ruled and the trial proceeded, result
ing in decree in favor of defendant.
Plaintiff appeals
Mcbride, ]. Assuming, without de-
Gliding, that the complaint states
facts sufficient to constitute cause
of suit, the testimony of the wit
nesses, mentioned in plaintiffs affi-
davit for a continuance, would have
been in some degree material, but
the afiidavits are vulnerable to the
same objection suggested in the case
of Cole v Willow River, etc, COM
pany, just decided. They give no
| reasons why counsel expect to prove
by the witnesses named the facts
that they assume they will testify to.
II they have stated to the affiant or
to any person that these facts exist
ed or have communicated the sub
stance of the alleged testimony to af-
fiant by letter or telegram, or in any
way, the court should have been in
] formed of the source of atlantis in
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06

to any such agreement, but states
that he is trying to market bonds to
pay him his money The agreement
was never made. Gales silence when
the agents of plaintiff were making
their examination of the condition of
the Willow River company would not
of itself estop him from claiming
sum due him from the company. He
explain that he supposed that the
agents knew all about the contract
as they certainly would if Brogan
had acted honestly and fairly by them
Besides, it was of record and must
have been called to their attention in
the course of their Investigations.
Judge Lowrey testified that Cole
stated to him, while he was eXamin-
ing the titles to the property of the
Willow River company, that he had
been paid for the property; and that
Cole afterwards admitted this in the
presence of Mr.. Rand In this he is
contradicted by both Cole and Rand.
The fact that Coles deed recites pay
ment of the consideration does not es-
top him from asserting that it has
not in fact been paid. AS between
the parties it is prima facie evidence
that the consideration has in fact
been paid Q3 Cyc and cases there
cited) But as against strangers to
the instrument such recitals are not
even evidence of payment of the con-
sideration: Ibid GA.
Now were Cole seeking to enforce
vendors lien against the property
transferred through him, plaintiff
as subsequent mortgages-might we'll
urge the recital in his deed by way
of estoppel, but Cole has not sought
to impose a specific lien against the
property conveyed. All he seeks is a
personal judgment against the cor
poration which owes him money, and,
in the absence of actual fraud prac-
ticed by him upon plaintiff to its in
jury, it cannot be allowed to inter
pose in an action between him and
his debtor on the ground that by an
examination of certain records 1t was
led to believe that the debt has been
paid and, therefore, extended to Coles
debtor a credit whi-h it would other
wise have withheld.
The decree is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06
North American Securities Co. ,
Cole, Malheur County.
Decided November 2S, 1911.

Decided November 2S, 1911.
North American Securities COM
pany, corporation, appellant V.
Leonard Cole, respondent. Appeal
from Malheur county. The Hon Dali
ton Biggs, judge, Argued and sub
mitted at Pendleton, Nov. /, 1911.
Oliver o. Haga Geo. E. Davis,
Wheeler & Hurley and Richards &
Haga, on brief for appellant. NJ. D.
Clifford, A. A. Smith and John l..
Rand and VIM. II. Packwood, Jr,, on
brief) for respondent. Mcbride, j.
Affirmed.
This is a suit to enjoin defendant
from prosecuting an action at law, the
same being the case of Leonard Cole
V. The Willow River Land & Irriga-
tion Company decided at this date.
The facts out of which that litigation
arose preface our opinion in that
case. The additional facts necessary
to a correct understanding Of the
present contention are as follows:
Plaintiff claims that it is a large
stockholder in the Willow River
Land & Irrigation Company; that it
has entered into a contract to finance
the compay by selling its bonds; that
before doing so it caused an examin-
alton to be made of the records of
Malheur county; that conveyance
was there recorded from Cole and
his associates to the lands and wa
ter-rights mentioned in the statement
prefiXed to the case of Cole V. Will
low River etc. Co., in which it was
stated that the grantors had received
full payment by the company of the
purchase price for the land and wa
ter-rights therein described. Plain
tiff further alleges that Cole was in
the employ of the company and active
in his efforts to induce plaintiff to
invest in its undertakings, and was
frequently in consultation with plain
THIS agents, in regard to the condi-
ton and title of tia property of the
Willow River company, and that he
never at any time informed such
agents that he had any claim against
the company; but by his acts and
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06

one and One-haf cups sitted -four; 4
tsa5b00HtW salt; ) L5eL teaSboonJnb
K c Baking PozOdey;' Z CUP shorten
fns.y' about 4 cup milk apples.
Fill the cups of buttered muffin pan
with pared and sliced apples, sprinkle
with salt and turn two or three table
spoonfuls of water into each cup. Sift
together, three times, the flour, salt and
baking powder; work in the shortening,
and mix to a soft dough with the milk.
Drop the dough from a spoon with the
apples in the cups, givingita smoothex-
terror. Let bake about twenty-five min
utes. Invert the pan on large serving
dish. Put spoonful of hard sauce above
the apple in each dumpling and finish
with a grating of nutmeg.
This is only one of the many new. delicious and
ac9etizing recipes contained in the Cooks
Book, which may be obtained fyee by sending
the colored certificate packed in every 25-cent
can 0t X Baking Powder to the JAQUEs MFG.
Co, Chicago Be sure to get the 2S-cent size
smaller cans do not contain Cooks Book GER
uh>atCS.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06

If you are troubled with chronic
constipation, the mild and gentle eff.
feet of Chamberlains Tablets makes
them especially suited to your case.
For sale by all dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06

1t is hard lines to be thought a
fool and then idiotically go ahead
and prove the thinkers right.
UNITED PRESS LEASED wIREJ
A Des Moines man had an attack
of muscular rheumatism in his shoul-
der. A friend advised him to go to
Hot Springs. That meant an expense
of $4,000 or more. He sought for a
quicker and cheaper way to cure it,
and found it in Chamberlains Lini-
ment. Three days after the first ap-
plication of this liniment he was well.
For sale by all dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06
DOWNWARD COURSE
Fast Being Realized by Salem PeOpl

Fast Being Realized by Salem People
A little backache at first.
Daily increasing till the back is
lame and weak.
Urinary disorders quickly follow;
Diabetes and finally Bright disease.
This is the downward course of
kidney ills
Don't take this course. Salem res
idents should profit by the following
experience,
Mrs. E. c. Hatton, Clay and Lisle
streets, Dallas, Ore, says: "In 1907
| publicly endorsed Doan's Kidney
Pills and l can now confirm that
statement This remedy was used in
my family and it brought relief from
backache and other symptoms OF kid
ney trouble"
For sale by all dealers. Price, so
cents. Foster-Milburn Co., Buffalo,
New York, sole agents for the United
States.
Remember the name--Doan's-
take no other.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06

When you have bilious attack give
Chamberlain's Tablets trial They
are excellent For sale by all dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06

Some women are excellent suffra-
gists, and it doesn't take much of
their time, either.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06
New Way to Make Apple
Dumplin9S
Served With Hard Sauce or Cream
and Sugar

and Sugar
By Mrs. Janet Mekenzie Hill, Editor of
the Boston Cooking School Magazine
Here is a new way to make apple
dumPlings that will surely please every
housewife, for it is not necessary to
have whole apples, and the juice cannot
run out and burn as with apple dump
lings where the apple is placed in the
center and the dough turned up around
it. The biscuit part forms a crispy
shell that holds the apples and juice.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
Soil incubation

Soil incubation, said DR.. Jordan.
has its place. but will not cover any
sins OF cultivation. fertilization. etc.
In the absence OF the required special
soil bacteria II will mend the soil en-
vironment so that certain plants will
have chance TO thrive. All station
work should be something more than
Just skinned over the surface to
make some sort OF show. Stations are
liable TO pay too much attention to
variety tests and TO tests of methods
applicable more OF less to local con-
ditions. Hitching's orchard methods
may be profitable in one place and ut
terly worthless in another. Station
horticulture should deal with general
principles. In plant breeding we want
something more than simply new vari-
cites. field that may be left for pri-
vate enterprise.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
TWO VARIETIES OF BINDWEED
One Is Perennial and Other Annual,
Latter Quite Common in Grain
Flelds-One Cure.

There are two troublesome weeds
known by the name bindweed. one be-
ing annual the other perennial. The
annual is quite common in grain fields.
where 1t twines around the growing
stalks. The perennial sort has finer
stems but winds around the stems of
other plants in much the same way
as the annual. The flowers of the
perennial are small. about one inch
across. white or rose colored. A pc
culiarity is that careless cultivation in
creases the trouble by carrying the
roots from place to place. II the
patches. when first discovered. are left
without cultivation for a time then
ploughed shallow and narrowed fire.
quently the weed may be kept In
check
Where there are small patches con-
lvenient TO buildings. one of the best
ways is to seed down to grass as
quickly as possible. and then pasture
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
HAD BEEN SILENT SUFFERER
Subordinate officer tho Recipient Of
Hints Intended for His
Superior.

A sea captains wife tells this story
OF a maiden woman. sister OF one OF
the owners OF the ship on which she
once made a long voyage. She had
very decided opinion on most matters.
and she and the captain had many
spirited arguments at the dinner table.
The captains wife. meek, submis.
sive little soul. fearing that In the
heat OF argument her husband might
say something to offend this august
passenger, was In the habit OF kick.
Ing him on the shins TO hint at moder.
alton Nevertheless. all these remind.
ers passed unheeded.
One day she administered a more
vigorous kick than usual. and noticed
an expression OF pain fit across the
face OF the mate. who sat opposite
her
oh. Mr. Brown. was that your
SHIN" she asked.
Yes. Mrs Blaikie.' said the mate
meekly. hits been my shin hall tho
voyage. ma am Youths Companion.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
"DEAFy BEGGAR COULD HEAR
Incident That Struck Householder as
Being Along Slightly Humor-
GUS Lines.

Many funny things happen IN
fiat during the course OF rev
months" said a Milwaukee fiat dwell
er. but one of the best things | ever
saw happened yesterday.
81 was suddenly reused from my
slumber by three loud knocks on the
door. Jumping to my feet and into a
bathrobe, | fastened to see what was
wanted. l opened the door In time
to see a young fellow half way up the
fight to the next floor.
"'Hello. there!' l yelled at him.
HE turned around. fastened back
and handed out small envelope.
pointing to the inscription. glanced
at it. 1t was an appeal for aid be-
cause the applicant was deaf and
dumb.
Say. l was mad enough to kick him
down stairs. Then the joke struck
me and | slammed the door in his face
and went back to bed laughing
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
BUDDING Is DELICATE WORK
Operation Requires Much Care for
Success and Should Be Done Be-
fore Bark Sticks to Tree.

The operation of budding must be
done carefully to succeed Use very
sharp knife. cut out the bud with
a shield of bark at least an inch
long and there should be a little
wood under the bud. The incision
in the stock must be carefully made
that the cut bark is not bruised.
After this bud is placed, the op-
Grafton may all fail from improper
tying. The raffia for tying should be
wet first. then dried over night, draw
tightly covering all the shield. but not
the bud. Tie with double knot, After
two weeks this string must be cut and
removed but at the same time the up
per end the shield must be retied. The
upper end unites with stock slowly.
and often loosens and rolls back. This
means failure, so that the second
tying is needed to get a good stand Of
buds. This work is done in July and
August always before the bark sticks
to the tree. while 1t is loose and easily
raised.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22

81 need some help with my house
hold duties" announced a woman
when her husband came home the
other night.
What's the matter with our daugh-
ter" the husband wanted to know.
Our daughter? The idea! Why,
Jim, you know she's awfully delicate,
and she would die II she had to do
any household work. She has her
school. and"
And what? Her teachers report
shows that she isn't doing a bit OF
school work"
But she is the star member OF her
basketball team. and you know she is
eager to take the prize at the gym
nasium contest. But that's just like
man-wanting delicate girl to en-
gage in rough. hard labor Be ashamed
of yourself. Jim jenkins! You have
no feeling"
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
1.-THE Bard Of Odon."

Rev George +. Culmer. the bard
of Odon.' celebrated his eighty-sixth
birthday yesterday. Rev. Mr.. Culmer
was born May %. 1926. in Kent. Eng.
land. during the reign of George Fred
erick George w. for whom he was
named. At the time OF his birth John
Quincy Adams was president OF the
United States.
DR.. Gunner has been a minister for
many years in the Methodist Episco-
pal church until his advanced age
made it necessary for him to retire.
He is scholar and poet Many OF
his poems have been published in mag
azines and Observation-Disclosures
Correspondence indianapolis News.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
:!|l y
|#jN!fNOIES

Mixed varieties OF corn is a bad
policy
Disk stubble to a uniform depth and
not too deep.
The so-called Canada thistle is a ma
tive OF Europe.
Disk stubble when ground is moist
on the surface
Tile should be straight, cylindrical
and we'll burned.
Cowpeas and sorghum sown to-
gether constitute an almost ideal bal
anced ration.
Do not follow potatoes with pota-
toes. The soil should be slightly acid
mellow. deeply plowed.
II the machinery was wintered in
the field it will be more difficult to
get it ready for this seasons work.
Transplanting young plants too
early in the season is often the rea-
son that they act like dwarfs by be-
ing slow in starting to grow.
The cowpea. when mixed with corn
makes good silage. and We have very
little doubt that the mixture with kat
fir corn would make an excellent crop
Although sunfiower seed is a good
feed. the crop is not extensively grown
probably because II is so hard to
harvest and the yield is not so great
as that of corn.
The farm team and the work oxen
should have extra care, shelter. we'll
lighted and aired stables that are
kept clean. Give a good thick bed of
straw at night.
Dandelions may be killed in the
lawn by spraying with an iron sui
phate solution made by dissolying
two pounds of iron sulphate to each
gallon OF water.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
An Erroneous View.

Many are the stories told of Father
aiealy, the Irish priest. whose wit and
wisdom were well matched. One day a
vain young woman, who had exagger-
ated ideas of her own charms. told
him she feared that she had be-
setting sin.
And what is it?" asked Father
Healy. his shrewd eyes having dis
cerned that his neighbor at dinner
wished To be questioned
ut is this" she said. her eyes de-
murely cast down. Every time l pass
u looking glass | think of my beauty"
oh" said Father Healy. that is no
sin. my daughter, but perhaps 1t is a
slight mistake. just little error Of
Judgment. Youth Companion.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
TIMOTHY AND RED TOP HAY
Grass Should Be cut for Market Be-
fore Seed Ripens-Excellent for
All Young Stock.

Timothy should be cut for market
before the seed ripens. Farmers usu-
ally get their wheat hauled into the
barn before commencing to cut tim
othy as the wheat is the more valu-
able crop. and should be hauled In be-
fore the grain is damaged by heavy
rains.
When timothy is fully ripe. a good
plan is TO cut as soon as the dew is
of in the morning. rake up in the aft
ernoon and rack and the next day haul
in or stack in the field. With a full
force of hands this is the best and
cheapest way. the hay is cut, cured and
stacked before It becomes so dry as
to break in the handling OF 1t. The
side delivery hay rake. the rake load
er and the hay fork in the hands of
competent men make quick work. Red
top makes a slow growth at first and
ripens the latter part of July. 1t Is
well to have field OF red top for win
ter feed. This grass thrives best upon
low damp meadow land. II plenty Of
seed is sown. it will drive out almost
all weeds and grasses. and the land II
deep and rich will give a heavy weld
of fine excellent hay. which all stock
are very fond.
The timothy and red top meadows
should not be pastured unless the sec
ond growth is luxurant.
II possible the SECOND growth clover
should be cut for seed. or for hay. The
second growth OF clover will make
horses slobber in mid-winter. but the
hay is excellent for cows, sheep and
young stock.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
Willing to Support Proxy.

Albert Tiedemann. a freshman of
the University of Pennsylvania, was
called upon to vote for officers in a
recent gathering. Not being well ac-
quainted with the nominees, he
thoughtfully hesitated before filling
out his ballot.
One of the company left the room
with the explanation that he would
vote by proxy"
so will l." said Albert. and with
his pencil poised above his paper.
leaned over to companion on his
right and asked:
Say. what's Proxy's first name p"
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
Ice Cold Tea.

Is delicious and healthful
in this hot weather.
No drink is more refresh
ing and invigOrating; but
make it right---fOllOw the
recipe.
Brewing of Tea requires
fresh water that has come
to a furious boil, sleeping
five to nine minutes, then
pouring the liquid of the
Tea leaves into another pot.
Follow this simple direc-
ton. and with the addition
of II small slice of lemon it
makes Il delicious, appetite
ing and cooling drink fit
for the gods. But poor Tea
would spoil this drink.
Get good Tea.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
The Kaiser Likes tho Bible.

The kaiser is a great reader. and
while he tries to keep himself
abreast OF current events. his favo-
rite book is the Bible. says the Lon
don Chronicle. A we'll thumbed and
marked copy is always by his bed
side. When Mr.. Roosevelt visited
Berlin last year. the kaiser made him
present OF a number of books.
About half OF them referred to theol-
ogy and the others to military SUBJ
1ects. These two classes indicate
the kaiser's own preferences.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
He Got the Pass.

Il want a pass.
Pass? You're not entitled to a
pass. You are not an employee.
Sorry"
NO: but here the snti-pass law
says free transportation can be grant.
ed to necessary caretakers OF live
stock. poultry and fruit Well. I'm
going on this trip with an aunt that's
hen-there's your poultry: girl
that's a peach-there's your fruit.
and nephew that's mule-theres
your live stock. Gimme pass"
The Way-Bill.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
Plows In Either Direction.

so that all burrows are turned
over in one direction. either upwards
or downwards. In many districts OF
Germany. where farming is carried on
along scientific lines. this pillow is also
used on level land In order to avoid
the leaving Of open or division fur
rows.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22

George AIDE. at luncheon in Chi
cago. paid a gallant compliment to a
well-known actress.
The actress wore a harem skirt OF
the new flame color and Mr.. AIDE said
to her:
1T is pretty. And what an odd
color 1t is Tell me the name Of the
color"
"Flamme de Vesuve-name OF We
suvius," the actress answered.
BE jabers." said Mr. AIDE. we
make a vurry purity crater"
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22

II was the order OF the day at
late shoot at Sandringham that hen
pheasants should not be shot. and one
OF the guests brought down a hen
which fell near King Edwards place
in the line. Anxious not TO hurt the
offenders feelings by an over rebuke.
the king pointed to the corpus deficit
and said: All. Quincy. what a man
you are for the ladies' Life OF Ed
ward VII.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
MAKES A GOOD CORNER POST
One Shown in Illustration Is Easily
Made and Quite inexpensive
Won't Harm Stock.

(By CHARLES NJ. CRANDALL)
To make substantial corner post
take another post. notching upright
post near the top and set the other
post at an angle with the top against
main post. and the lower end against
ground. then use wire from bottom
OF main post to far end of slanting
post and twist same up tight setting
end of slanting post on rock to keep
it from sinking into the ground. If
lock isn't convenient a heavy piece of
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
Drillino Manure

Never drill strong fertilizer. like
sheep or poultry manure in the
rows next to the seed. Better plan
to work it into the ground before
planting or in the rows Just after the
plants appear and not close enough so
{ will touch.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22

Prof ]. c. Branner. in the Bulletin
Of the Geological Society OF America.
describes the immense Importance Of
ants as geologic agents. especially in
tropical regions. Ant burrows have
been found at a depth OF 3.5 meters.
and they ramify over vast areas.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22

with sheep or hogs. In fact. in deal
ing with this. as with other weeds.
one of the most effective ways is to
keep the land as rich as possible. then
seed down heavily to grass. and not
pasture too closely. This is the easiest
way to get rid OF most weeds.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-06-22
Melted to Nothlnu.

is he as thin as have heard?"
Hes thinner. Say. when he tried
on double-breasted coat one row of
buttons was up his .hack."-Houston
Post