davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
WILL INJURE
CELEBRATION,
SAYS DOCTOR

Disappointed because of the refus-
al of Secretary of State Olcott to turn
over to the centennial committee the
$4,000 appropriated by the last leg
islature, DR.. Henderson, of Astoria,
and chairman of the committee, after
conference with the secretary of
state and the assistant attorney-gen-
eral returned home today to take the
matter up with the other members of
the committee.
DR.. Henderson expressed his disap-
proval at the state officers using the
unpaid tax of Clatsop county as
club over the centennial committee,
to force the officers of that county,
and declares it urjust to the centen-
nial committee, which has nothing to
do with county affairs. He stated
that, unless the money was turned
over in few weeks, the celebration
would suffer.
Secretary of State Olcott declines
to turn the money over until the con-
sent of the attorney-general, who is
now away, can be secured. The at
torney-general has intimated that
should the secretary turn the money
over to the committee that he will
bring proceedings to enjoin him.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
GRADUATING
EXERCISES
AT CHEMAWA

Invitations are being issued today
for the 31st commencement exercises
of the Salem Indian school, to be
held at Chemawa June IS to 21. A
sacred band concert will be followed
by the baccalaureare sermon by Rev.
Phillip E. Bauer, of Salem. Monday
will be given up to sports, fire drill,
cross-country run, baseball game and
band concert filling out the days pro-
gram. Field sports, band concert
and senior lawn party will give plen-
ty of pleasures on Tuesday, and the
Industrial and academic departme ents
will be open to visitors Wednesday.
The graduating exercises will be held
at 1880 Wednesday afternoon and the
program will conclude at 4:30 on the
same afternoon by dress parade
and competitive drill. The exercises
at the Indian school each year have
proven highly interesting and many
visitors, not only from Salem, but al
so from all parts of the state have
attended these yearly programs. An
interesting and unique feature OF this
years graduating class, as shown by
the list of graduates, is the fact that
out of ten persons graduating this
year, not any two are from the same
tribe. Eskimo, Klickitat, klamath,
Shasta, Nez Perce, Clatsop, ColviIle,
Puyallup, Yakima and Warm Spring
tribes each are represented by one
graduate. The class colors are blue
and white, and the class motto "loy-
atty"
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
Administrators Notice,

Administrators notice of appoint
ment and for presentation of claims
of creditors against the estate of Ly-
dia Eleanor Hunt, deceased.
In the county court of Marion
county, state of Oregon. In the
matter of the estate of Lydia Eleanor
Hunt, deceased Notice is hereby
given that on June 5, 1911, Mary NJ
Hunt was duly appointed administra-
trix with the will annexed of the es-
tate of Lydia Eleanor Hunt. de-
ceased and thereby authorized by
said county court to administer said
estate according to law.
All persons having claims against
said estate are hereby notified that
they are required to present their
claims with the proper vouchers
within six months from the date of
this notice, to the undersigned ad-
ministratrix, at the office of her At
torney, w. E. Vincent, suits IA and
10, Ladd & Bush bank building,
corner Commercial and State streets,
in the city of Salem, county of Mar
ion, state of Oregon.
Signed this 14th day of June. 1911.
MARY NJ. HUNT,
Administrative.
w. E. Vincent, her attorney.
6-14-5t-wed
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
INSURANCE
COMPANY
GOES UNDER

Declaring that an investigation of
the affairs of the Phoenix Mutual
Fire Insurance company, of Port
land, discloses 1t to be insolvent, In
surance Commissioner Kozer today
submitted report on its condition to
the attorney general with the request
that he take the necessary proceed
ings to close up its business in the
state as it is apparent that it can
never be rehabilitated.
Complaints that the company was
unable to pay its losses began reach
ing the insurance commissioner some
time ago, and the result was an in
vestigation. The unpaid losses are
over $3400, with additional claims ag-
gregating the sum of $1,563 and for
the payment of which there is only
$6O.2 in cash on hand. The losses
are scattered throughout the state.
The report shows the management to
have been incompetent and it's af-
fairs to have been handled in a crude
manner.
The company was organized in
September, 1910. Since the promo
tion of the first mutual life insur-
ance company in this state in 1885,
13 companies have been organized
and this company is the first to fail.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
OREGON SUPREME COURT DECISIONS
Full Text Published by Courtesy F. A. Reporter
Supreme Court

charge against John Doe and Richard
Doe for obstructing the street. hence
the writ contains no allegations of
dereliction of duty on part of the po-
lice judge or his clerk He is not a
prosecuting officer and is not called
upon to institute prosecutions in his
own court, and, therefore, there is
no cause stated against him: Mcleod
w. Scott, 81 Or. "a. The only Ques-
ton is, Should the city attorney be
required to file a complaint against
the employees of the railroad COM
pany and prosecute them for OBJ
structing the street?
Without determining whether his
discretion in such a matter should be
controlled by mandamus in any case
we conclude that mandamus cannot
be resorted to upon the facts here
disclosed. 1t is doubtful whether a
quasi criminal proceeding can be
maintained against the laborers for
obstructing street which the city
has attempted to vacate and of which
it now comedies the possession to the
iulllOiu NOllpdug. Inc OD5ITuCllOu
is occasioned by the authority of the
city. The only purpose of plaintiffs
in urging the prosecution is to have
determined in a quasi criminal case
the railroads right to the possession
Of the street, purely a disputed civil
right at the cost of the city instead
of at the expense of the parties inter-
ested which should not be permitted.
The scope of the ordinance and the
regularity of its adoption are not
questioned. The only question in
volved upon the writ is whether the
ordinance vacating the street is sus-
pended by the referendum petition.
Mandamus will not issue in a doubt
ful case: Spelling, on Extra. Rel.
Sec. 40. If the city attorney or the
council is Of the opinion that the va
cation ordinance took effect at once
upon its adoption and that there was
no violation of the ordinance against
the obstruction Of streets, the court
should not by mandamus compel the
city attorney to bring a quasi crimi-
nal proceeding to determine whether
the ordinance was suspended by the
referendum petition. There are 9TH
er and more appropriate remedies
for that purpose. Therefore the writ
does not state facts sufficient to en-
title the plaintiffs to the relief sought
The demurrer was properly sus-
talned. The Judgment is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
Oregon Timber & Cruising Co. v.
Seton and Matthews, Coos Comfy.

Oregon Timber G. Cruising COM
pany, appellant, V, Waldemar Seton
and w. Matthews, respondents. An
peal from the circuit court of Coos
county. The Hon. ]. S. Coke, Judge
Submitted on appellants brief, May
10, 1911. Jay H. Upton and John D.
Goss, attorneys for appellant. Bean
j. Affirmed.
This is a suit to set aside decree
and deed, and to subject certain
property to the payment of claims
against the Courteney Lumber com
pany, insolvent debtor.
From the complaint it appears that
on the 9th day of March, 1907, A. A.
Courteney and Florence G. Courteney
his wife being the owners of certain
real estate described in the com
plant, excused a lease thereof to
the Courteney Lumber company. a
corporation, for the term of five
years, in which lease it was agreed
that the lumber company, its sue
cessors and assigns, might remove
all buildings, machinery, mills, en-
glnes, boilers, wharves and docks.
pipe lines, railroad tracks or other
structures erected on the premises
and that the same should remain the
personal property of such companv
Ih1s lease was recorded on March
u, 1907 On March 9th, 1907 A A
Courtney and wife executed to defen.
dant W. F. Matthews mortgage for
S2OOOO on the real property. which
instrument was recorded on March
H. The Courteney Lumber cnm-
pany took possession of the real
property erected a sawmill and 9TH
er buildings thereon. and installed q
large amount of machinery. IN the
value of $4,000. On October ID
1907, the Courteney Lumber com.
panv became inSolvent. and made an
assignment to w. F. Matthews of ali
lts property. real, personal and
mixed. for the benefit of its creditors
the property so assigned being the
sAWmll buildings, machinery. and
the lease of the premises mortgaged
TO Matthews, and the latter. accent
ing the office of assignee. became the
duly qualified and acting assignee of
- COul lCh6N I4ul1Der COn1nanV
subsequently Matthews, without anv
consideration therefor. assigned the
mortgage to defendant Seton. who
neld the same simply for the benefit
OF Matthews. and commenced and
prosecuted in his own name a suit of
foreclosure against the latter as as
slgnee of the Courteney Lumber
comnany, in behalf of Matthew's and
IN his complaint alleged that the
buildings. sawmill, machinery and
other nersonal property on the nrem-
lses' were part and marcel of the
real PROPERTY. and subject to the
morteage. Matthews refused to con-
rest the foreclosure suit. nermitting
himself. as assignee of the lumber
companv to he sued. and a decree
forec'osing the mortgage, and de.
orving the Courteney Lumber COM
pany of any interest in the personal
nronerty on the premises. was oh
,ained. Thereafter an execution was
issued and the sheriff of Coos county
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
COMMITTEES
NAMED FOR
CHERRY FAIR

Reception committee-W. l. Staley,
Gov. West, p H. Darcy, Louis Lach-
mund, Grant Corby, DR.. r. E. Lee
Steiner, DR.. F. Homan, Judge r.
Eakin, Judge w. NJ. Bushey, c. L.
McNary. Is
Concession committee-Dr. H. H.
Olinger, Harry Albert, F. w. Dur
bin, Fl. G. Meyer.
Publicity committee-R. NJ. Hofer,
Carl Abrams, G. D. Babcock, c. L.
Starr, D. H. Upjohn.
Program committee-F. G. Decke-
bach, Ben Olcott, R. ]. Hendricks,
Aug. Huckestein, r. Catlin.
Exhibits committee-Chas. L. Dick,
Charles " Galloway, E. C. Arm
strong, c. o. Constable, j. H. Farrar.
Automobile committee-Geo. f.
Rodgers, R. P. Boise, T. A. Livesley,
VIM. Brown, Z. T. Barnes, H. H.
Smith, A. G. Magers.
Decorating committee - Paul B.
Wallace, Geo. L. Schneider, Kitty
Moore, Nina McNary.
Transportation committee-M. o.
Buren, H. S. Gile, c. M. Eppley.
Ent. and Parades committee-H. v.
Bolam, q. G. Patton, B. S. Bynon,
Chester Cox, R. B. Houston.
Baby Parade committee-H. D..
Patton, Mrs. R. K Page, Mrs. NJ. L.
Meyers, Miss Cosper, Mrs. Boise.
Sports committee-Watt Shipp, DR..
Sweetland, R. c. Bishop, D. r. Yam
tbs, Walter spauldinG, c. L. Starr
Lloyd Hauser.
Auditing committee-E. T. Barnes,
W. t. Stolz, VIM. McGilchrist.
Merchants committee-Theo. Roth,
II. w. Meyers, U. G. Shippley, Frank
Chapman, Paul Hauser.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
SECRETARY
KNOX DUE ON
The CARPET
UNITED PRESS LEASED w1Rn.l

Washington, June 14.-Secretary
Knox, summoned to appear before
the house committee on expenditures
in the state department this after
noon, was scheduled for a grilling
cross examination by the committee,
according to reports about the capt.
tol today. That the committee feels
that there has been a lack of frank
ness on the part of the state depart
ment officials in explaining the mat
ters that have been investigated the
members have taken no pains to con-
ceal They are particularly anxious
to know how the voucher in connec-
ton with the payment for a portrait
OF former Secretary Day, which mys-
teriously disappeared from the files
OF the department, should have as
mysteriously reappeared and been
found on the floor of the Office of
the chief clerk.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
Collins, ct al, V. Grant. ct al. MulmO.
nah County,

NJ. o. Collins and Dan Kellaher, pc
titioners and appellants, V. F. S.
Grant ct al, respondents. Appeal
from the circuit court for Multnomah
county, The Hon. John B. Cleland
Judge. Argued and submitted May
"a, 1911. John Jeffrey and (Chas.
E. Lemon, Clinton A. Ambrose, on
brief for petitioners. H. NJ. Tomlin-
son and IL. E. Latouretto, on brief)
for respondents. Eakin, c. ]. Af-
firmed.
This is a proceeding by writ of
mandamus issued upon the petition of
Collins and Kellaher against Grant.
city attorney; Tazwell, police Judge;
Deutgen. municipal clerk of the city
of Portland, to compel them to COM
meAce and prosecute proceedings
against John Doe and Richard Roe
for obstructing a street in violation
of city ordinance.
1t appears that the Oregon Rail-
road & Navigation company is con-
structing a bridge across the William
ette river in Portland; that upon its
petition the city council duly passed
on ordinance vacating portion of
Oregon and Adams streets to be oc-
cupied by the approach to the bridge:
that thereupon John Doe and Rich
ard Roe. employees of the railroad
company, by its direction proceeded
with the construction of the approach
to the bridge over and upon such
streets. being the obstruction com
nlained of. Plaintiffs and others
have filed. with the city auditor. a
sufficient referendum petition order
ing that the ordinance vacating such
streets be referred to the people at
the next city election for their an
proval or rejection. Plaintiffs re-
duested the city attorney to prose-
cute the above named employees of
the railroad company for so obstruct-
ing the streets named, contending
that the ordinauca vacating the same
did not take effect, pending the refer
endum proceedings and that the acts
Of the railroad employees constitutes
an unlawful obstruction to the
streets. The city attorney contends
that the ordinance vacating the
street took effect at once upon its
adoption by the council and was not
subject to the referendum, being an
or judicial and not a
legislative act. and the plaintiffs, as
citizens and taxpayers, bring this ac-
ion to compel the city attorney and
,olice judge to prosecut the en-
,loyees for obstructing the street.
Defendants demurred to the writ
IN the ground that plaintiffs have not
he capacity to sue and that the writ
loes not state facts sufficient to con-
titute cause of action or to en-
title them to the relief demanded.
The circuit court sustained the de-
nurer and dismissed the writ. plain
ifs having refused to plead further.
Plaintiffs appeal.
Eakin, G. j.. 1t is conceded by
laintiffs that no one except the city
ttorney is authorized to institute
roceedings for the violation of city,
rdinances, and he has presented to
he police Judge no complaint or
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
Grover V. Hawthorne, MultnOmah
County.

Grover '. Hawthorne, MuItnOmah
County.
Elizabeth Grover, executrix of the
estate of Lafayette Grover and Eliz-
abeth Grover. plaintiffs, respondents,
", Rachel L. Hawthorne and Haw-
thorne estate, corporation, defen-
dants, appellants. Appeal from the
circuit court for Multnomah county.
The Hon. Henry E. McGinn, judge.
On Motion to Dismiss. Manning &
White, McAllister & Upton and Rob
ert E. Hitch for plaintiffs-respond-
ents. c. " Dolph S. T. Richardson
and Snow & McCamant, for defen-
dants appellants. Mcbride, ]. De-
MED.
In the year 1910 respondents in
this proceeding brought suit against
appellants to have certain convey
ances made by Lafayette Grover and
wife to ]. c. Hawthorne declared to
be mortgages and for permission to
redeem the premises described there
in. A decree was rendered against
plaintiffs who gave notice of an ap-
peal to this court. The last day of
the 30 days allowed by law for filing a
transcript in this court was January
30, 1911. Prior to that date respon-
dents in this proceeding obtained a
stipulation from appellants for 80
days additional time for filing the
transcript. After it was filed in this
court appellants in this proceeding
who were respondents in that appeal,
filed a motion to dismiss the appeal
for the reason that no order extend
ing the time for filing a transcript
appeared on the record The respon-
dents in this proceeding thereupon
applied to the court below for an or
der nunc pro tune extending the
time for filing the transcript and
thereupon on March 10, 1911, the
court made an order, setting forth
that 1t appeared to the satisfaction
of the court that it had on the Both
day of January, 1911, duly made an
order extending such time for 80 days
and that the same had not been en-
tered by the clerk as required by law,
and directing the order to be entered
as of January 80, 1911, nunc pro
tune. On April 2, 1911, appellants
here moved the court upon affidavits
to set aside the order of March 10
1911, and to cause the attorneys for
respondents in this proceeding to ap-
pear from cross examination touch
ing the passing of such order The
motion was denied and the Haw-
thornes appealed Respondents in
this proceedings move to dismiss the
appeal for the reason that the order
denying appellants motion is not an
appealable order.
Mcbride, j.: While orders made
nunc pro tune. correcting or amend
ing the record, will very seldom be
disturbed by an appellate court, and
never except for an abuse of discre-
tion or absolute want of authority to
make them, they are appealable to
the end that the higher court may
examine them for the purpose of as
certaining whether there has been
such abuse. Upon this motion we
can only hold that the order of the
court refusing to vacate the order of
March 10, 1911, is an appealable or
der. We cannot, upon a motion to
dismiss the appeal, try out the mer-
its of the controversy or look into the
showing made to determine whether
the court below abused its discretion
or lacked authority to make the or
der.
The motion is denied
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
ONE OF THE PUMPS
OUT Or COMMISSION

The breaking OF the cross-head of
one of the pumps of the plant of the
Salem Water company yesterday put
the pump out of commission, compell-
ing 1t to depend upon just one pump,
and that explains the decrease in the
water supply observed in the city
since yesterday.
With the pump now in operation
the company can pump but two and
one-half million gallons of water in a
day, while with the two in operation
1t pumps daily three and one-half
million gallons. The company imme-
diately put men at work repairing
the break and both pumps will be
in operation again tomorrow,
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
NJ 'CUMBER
CRITICIzES
The PRESS
SAYS THEY NEARLY BEFEATED
THE REPUBLICAN PARTY TO
GET FREE PAPER-A HUNCH
AS TO ACTION OF OTHER CON-
SUMERS.

Washington, June 14.-Criticising
the motives of American newspapers
in general, Senator McCumber (Re-
publican, N. d. today discussed rec
iprocity in the senate.
For selfish ends the press created
false impressions and nearly over
threw the Republican party at the
last election. For selfish ends it pro-
poses to support the party next year,
provided a reciprocity agreement is
enacted"
His reference was to the proposed
free entry of print paper and pulp
wood. McCumber predicted that the
Republicans would find great trouble
in lining up the farmer vote on ac-
count of the reciprocity bill.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14

in satisfaction of the mortgage ,o.
the land, buildings, machinery ' onS
other personal property, and eyecn, rrp
ed a deed therefor. ~
After the qualification of w
Matthews as assignee Florenca r
Courteney, and other certain nsm0S
persons, presented to him as ASSIGNEE
their duly verified claims againsi NV
Courteney Lumber company amount
ing in all to $5,3524O. These Claim,
for value, were assigned to plaintlS
who brings this suit to subject tbs
property in question to the naymsr,
thereof, and claims that the assgna,
wrongfully diverted the property n
the Courteney Lumber company
The matters relating to the lease
personal property, mortgage and
foreclosure are set out in detail Tho
defendants filed a demurrer IN tbs
complaint, for the reason that sniff.
cient facts We're not stated to constl.
tute cause of suit, which demurrer
was sustained by the trial court and
the suit dismissed, and plaintiff ap,
peals.
Bean, j.: The defendants have
filed no brief here, and the brief Of
plaintiff giving no indication in re.
gard thereto, we are not apprised AZ
to what questions were raised in the
lower court concerning the com.
plant.
An assignment for the benefit Of
creditors creates a true trust relation
between the assignee and the credI.
tors. III Pomeroy's Equity Jurlsprl.
dence, Secs. 993, 994; Stout v Wat.
son & Luhrs, 19 Or, 251; Howell Y
Moores, 1877 ILL.,, 67, 6S. The euuia.
bic right of creditor to follow and
retake from the possession of a trus,
tee property wrongfully appropriated
by him, or from those in privity with
MIN, who are not bona fide purcbas.
ers for value, is we'll established
Ferchen V. Arndt, 26 Or, 121. 1S;
Muhlenberg V. Northwestern Loan &
Trust So, 26 Or, 1872, 143. From an
examination of the complaint how
ever, 1t is noticed that the only ale
cation in any way bearing upon the
point, as to the plaintiff being
creditor, or that his assigns were
creditors of the Courteney Lumber
company, is that the different parties
assigning their claims to plaintiff,
each filed and presented his (or herl
duly verified claim against the said
Courteney Lumber company with W.
f. Matthew's, assignee" There is al
legation of facts showing that at the
time of making the assignment by
the Courteney Lumber company, or
prior thereto, such company was in,
debted to any one of the parties who
Med their claims. In order for the
plaintiff to maintain this suit it Is
essential that such allegations be
made, ]. e., Of the facts constituting
such claim and showing that the
plaintiff is creditor, or that the
parties assigning their claims were
creditors of the Courtenev Lumber
company, and that their rights have
been prejudiced by the assignees as
slgnment of the mortgage, and the
decree rendered in the suit. Rhodes
V. McGarry 10 Or, 222. 1t is not
enough for plaintiff merely to state
That the claims were presented and
Med. Clearly the complaint is in
sufficient. Failure to make the nee
essary allegations, apparently was
an oversight.
We find no error in the ruling Of
the trial court. Therefore the de-
cree there rendered is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
Knees Became Stiff
Five Years Of severe rheumatism

Barton Street, Boston, Mass, Is anoth-
er victory by Hoods Sarsaparilla.
This great medicine has succeeded in
many cases where others have utterly
failed. Mr.. Goldstein says: 81 suf-
fered from rheumatism five years 1t
kept me from business and caused ex-
cruciating pain. My knees would be-
come as stiff as steel. l tried many
medicines without relief, then took
Hoods Sarsaparilla, soon felt much
better. and now consider myself en-
tlrely cured. / recommend Hoods"
Get II today in usual liquid form or
chocolated tablets called SaTSatabs.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-14
TO BUILD
EUGENE TO
MARSHF|ELD

The Willamette Pacific Railway
company today filed articles of in
corporation with Secretary of State
Olcott and will commence the con-
struction of railroad from Eugene
to Marshfield soon
The capitalization of the company
is designated as $1,O0O,OOO. Besides
building the line from Eugene to
Marshfield the company will also
build branch lines to a point near
the Swiss home and also to Almira.