davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12

In Farris V. Hayes, 8 Or 81, S5, an
other case referred to by plaintiffs
counsel Mr. Justice Waldo, refer
ring to decisions of other courts,
correctly states the law as follows:
But these cases say no more than
that the possession Of one tenant in
common, is, presumptively, the pos
session of all; or that constructive
possession, as by delivery of the pa
tent, is equivalent to actual possess
sion; that possession follows the le-
gal title, no adverse possession being
shown" Thus it will be seen that
where no adverse right intervenes,
constructive possession of land is a
sufficient foundation for a suit for
it's partition.
In Savage v. Savage, 10 Or. 112,
116, another case to which notice is
attracted, Mr.. Justice Strahan,
speaking for the court, says: "Seisin
and possession, as now understood,
mean the same thing. To constitute
seisin in fact, there must be an ac-
tual possession of the land; for a
seisin in law, there must be right
of immediate possession according to
the nature of the interest, whether
corporeal or incorporeal. l Wash.
Real Prop. 81. Under this view
there can be no seisin in law where
there is not present right of entry.
And where the life tenant is in pos
session and there being no present
right of entry in the remainderman
on roVnpcinTnr fhnty ra
lively seized, and neither can main
tain suit as plaintiff for partition"
This language was employed to de-
fine and limit the rights of reversion-
ers and remaindermen to maintain,
as plaintiffs, suit for the partition
of real property. In that case there
is nothing said that can in any man
ner abrogate the legal principle that
co-tenant who has been ousted can
maintain such a suit.
The correct rule, as we deem it, is
stated by an author as follows: ut
was never indispensable that plain
tiff should be in the actual occupa-
tion of the property at the COM
mencement of his suit or action. In
contemplation of law, the possession
of one co-tenant is the possession of
all, unless in fact held adversely, and
if not one was in possession it was
constructively imputed to those hold
ing the legal title. Therefore it was
never any answer to a demand for
partition that the property was not
in fact occupied by any person, or
was occupied by third person, or
exclusively by defendants, neither
having been guilty of an actual or
constructive custer of plaintiff. But
neither an action at law nor a suit
in equity for partition was intended
as a substitute for ejectment, and
plaintiff, in the absence of some
statute to the contrary, must fail if
shown to be disseized, irrespective Of
whether the adverse possession is
that Of another co-tenant, or of an
entire stranger to the cotenancy. The
commonlaw and chancery rule upon
this subject is gradually disappear
ing under the influence of the state
statutes controlling the subject and
the code system committing juris-
diction of actions at law and suits in
equity to the same court. % Hence, in
many of the states, all issues respect
ing title and possession may be
tried and determined in the same
!
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12
Warming to Railroad Men.

E. s. Bacon, II Bast St., Bath, Me-,
sends out this warning to railroad
ers: "a conductor on the railroad,
my work caused chronic inflamma-
tion of the kidneys and l was miser-
able and all played out. A friend
advised Foley Kidney Pills and from
the day l commenced taking them,
l began to regain my strength. The
Inflammation cleared and l am far
better than I have been for 20 years.
The weakness and dizzy spells are a
thing of the past and l highly recon-
mend Foley Kidney Pills"
Red Cross Pharmacy.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12
NSSSS%S Send for
II Es4SScss6fS<HIts SsfS FREE.
Every Housewife Should Have
a Copy

BY Mrs. Janet Mckenzie Hill, Editorot
the Boston Cooking School Magazine
The Cooks Book has been pre-
pared at a cost of many thousands
of dollars, in the interest of better
and healthier cooking. 1t shows
the way to reduce the cost of liv-
ing, containing as it does over 90
thoroughly tested, tried and proven
recipes that will be succeSstuIeveyy
time, if the few simple directions
are followed.
This is truly a wonderful book,
showing as it does in hundreds of
ways how to Tighten the good
housewives burdens and solving
bake-day problems successfully.
1t really must be seen to be ap-
preciated, for the recipes are illus
trated in natural colors. Those
who have seen it, Immediately say:
IT'S the best Cook Book I've ever
seen"-and you will too.
You can secure copy of this valuable
book absolutely free by attaching the
colored certificate packed in 25-cent
cans of K c Baking Powder to this ad-
vertisement, sending both to the JAoUEs
MFG. Co., Chicago, Ill. Write your
name and address plainly. 81
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12
WELL DESERVED.
The Praise That Comes from Thank,
full Salem People.

One kidney remedy never fails.
Salem people rely no it.
That remedy is Doan's Kidney
Pills.
Salem testimony proves it al
ways reliable.
1. N. Ridgeway, 4S5 s. Twenty
second street, Salem, Oregon says
For a long time l knew that my
kidneys were disordered, as I suf-
fered from pains in the small of my
back. Especially severe when l
stopped or lifted. l did not rest well
and rose in the morning so lame and
sore that l could hardly get about.
| became tired easily, felt languld and
was often very nervous. l was also
subject to intense headaches and
dizzy spells, during which my sight
became blurred. Doan's Kidney
Pills were finally brought to my at
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12
Notice of Making Corrections in As
sessment for North Salem Sewer.


To Oregon Electric Railway Co.,
Edgar Hartley, ]. R. Russell, w. d.
Edwards, trustees of Friends church;
Edward Mackey, Squire Farrar, G..
c. Gardner, Security & Savings Co.,
Irene Hoxie, Sylvanus Presnall, Hane
Tufflie, H. M. Fleming, John Mumm,
e. H. Siege, A. w. Veatch, Ida Saw
age, Alice Elliott, Lou Dean, G. L.
Barr, w. Holmes, -. Thorpe, ]. c.
Johnson and Murray, j. H. Williams
and w. B. Daniels, M. and M. Wolter,
Enos Presnall,, -. Rainwater, julius
Pincus, Conrad Dillman, r. P. Boise
heirs, Helen Howard, B. F. and NJ. A.
Brown, Caroline and Nellie G.. Nor
ton, George and Clara Keuscher.
You and each of you are hereby
notified that the common council of
the city of Salem, Oregon, will, on
May Is, 1911, at or about 1880
O'Clock p. m. of said day lat the
common council chambers of said
city proceed to correct your assess
ment for the construction of the
North Salem sewer, pursuant to your
respective requests and petitions.
And your assessments will be made
as specified in that certain bill for an
ordinance made for that purpose and
now on file in the office of the city
recorder, reference to which said
bill for an ordinance is hereby made,
and the same is made a part here
of.
You are hereby required to file OBJ
jections, If you have any, to said
proposed assessment with the city re-
corder on or before o'clock p. m. of
May Is, 1911.
This notice is served upon you by
publication thereof, by order of said
common council, duly made on May
8, 1911. CHAS. F. ELGIN,
5-9-3t City Recorder.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12

Mrs. ]. S. Starnes, Hickory, N. c.,
seaks to those who have a similar
trouble. "I have been bothered a
great deal with throat and lung
trouble, and find Foley's Honey and
Tar Compound gives me immediate
satisfaction and relief" Take Foley's
Honey and Tar Compound for coughs
colds and hoarseness, for children
and grown people. Accept no sub
stitutes. Red Cross Pharmacy.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12
OREGON SUPREME COURT DECISIONS

Full Text Published BY Courtesy Of F. A. Turner Reporter Of the
Supreme Court
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12

tention and deciding to nv th...
procured a box at Dr.. stopss E N
Store. They went once 10 ~. D'us
OF my trouble and in a shOrs ~ =, ,'a'
entirely relieved me. Doaps K,Ss.s S
Pills have my highest endo,oa,.,..s .'
Cstatment given March 2S, lsOs '
After Three Years.
On November 20, 1909, Mr.. Ride.
way said: "The statement 90.
for publication recommending nos1,'
Kidney Pills in 1906 was corrsct -
every detail. l am always vlaS r.
tell other kidney sufferers n, ,s,'
remedy.
For sale by all dealers. Price "a
cents. Foster-Milburn Co. RuH.lo
New York, sole agents for the Init,
States.
Remember the name-Doan's-.D,
take no other.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12
What Foley Kidney Pills VIII Do for
You.

Foley Kidney Pills are a true med
icine. They are healing, strengthen
ing, antiseptic and tonic. Foley Kid
ney Pills take hold of your system
and help you to rid yourself of your
dragging backache, dull headache;
nervousness impaired eyesight, and
of all the miserable feelings that re-
suit from the impaired action of
your kidneys and bladder. Remem-
ber it is Foley Kidney Pills that do
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12

Germany is to have a dreadnought
to be called the peacemaker. 1t is a
sort of two edged affair, being able
to make war as we'll as peace.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12
Salem Bank
& Trust Co..

General Banking and Trust Business
With our assurance that we are
able and willing to take care of it,
we solicit your Banking Business.
Open an account with us and we will
extend you every favor consistent
with good banking principles.
We Pay Four Per Cent on Savings
Liberty Street, Just on State
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12

To girl half the fun of getting
married is in keeping her friends
guessing when 1t will be.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12

There are few worthy poor when
they strike man for charity.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27
Claims of Youth Stir Actor
to Anger, Then Renew His
Memory Some.

Los Angeles. Calf. July a.
Friends of Nat Goodwin in this city
were astonished when they learned
that he has admitted being the father
of a son.
This, coming as it does after he en-
phatically denied that ne had ever had
q male child, tends to make those who
do not know the actor give some Gre
dence to the story that has been wired
here from New York regarding the as
sertion of John E. Goodwin, who de-
clares that he believes the actor to be
his father.
Nat Goodwin. however, persists in
his denial that he abandoned his boy
baby and asserts the child died while
an infant. Goodwin declares that his
boy was a fine young fellow. The
boy was the child of Goodwin and Nell
lie Pease, his second wife. He died,
says Goodwin, because OF careless
nursing during an illness.
THE claims of that young man in
New York are absurd said the &C
tor.
The claim of Goodwin's alleged son
is given In a New York paper as fol-
lows
Yesterday young stranger from
Canada, calling himself John E. Good
win, appeared at the office. of daily
newspaper asserting he was a long
lost, discarded son Of the champion
matrimonialist, by his first wife, Eliza
Weatherby. and asked for aid in find
ing his father and forcing him to rec
ognize his offspring
When shown a picture of the much
married comedian, the boy burst into
tears and exclaimed:
That's he-that's my father. I can
remember his face WELL"
It was touching scene; even hard
hearted, callous reporters wept and
tears rolled down the city editors
grizzly face.
The genial Nathaniel was promptly
communicated with, and he wired back
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27
NAT GOODWIN FIRST DENIES, THEN
ADMITS He WAS FATHER Of 4 SON

from Los Angeles. CAL, a most en-
phatic denial that the young man was
his son.
Strange to say, the boy is the living
image of Nat. They look as much
alike as two peas, and his story is one
that will be of much interest to the
theatrical world.
My name is John E. Goodwin" he
said, "and I have not seen my father
nor heard from him since I was a
child about eight or nine years old. 1t
has always been my Impression that
his name was Nathaniel c. Goodwin,
and 1T is only recently that I have
learned that this is the name Of well
known actor.
'I recall a little of my childhood,
except that it was spent in suburb
of London, England, in a big house,
with lawns and extensive grounds,
and many servants. My father, 1
gathered, was an actor, comic actor,
/ think. and he played in Haymarket
theater in London and took me there
as a little boy My mother I do not
recall, as she died when I was just
a baby, but 1t is my impression that
her maiden name was Miss Willou-
ghby or Weatherby, or something like
that
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27
SENDS SALTY
MESSAGE On
ALASKA
Says He Alone Was Respon-
sible for the Opening up
of the Lands.
REFERS TO "DICK
TO DICK" POSTSCRIPT
Brands It Wicked Fabrica-
ton; Alaskan Controversy
Is Dealt With Fully.

Washington, d. c., July 27.-Pre 81
tent Taft sent a special message to
The senate. shouldering full re-
sponsibility for opening for settlement
and development 1880 acres of the
Chugach national forest reserve IN
Alaskan incident which has become
known as the Controller Bay affair"
In concluding he brands the now
famous Dick TO Dick" postscript as a
wicked fabrication" and says that
in the alleged postscript, has no in
terest in Alaska, never had, and knows
nothing Of the circumstances connected
with this transaction" Moreover, the
president adds, his brother does not
even remember that he ever met Rich
ard S. Ryan, representing the Control
Ter Railway & Navigation company.
AS for eliminating the land in Ques-
ton from the reserve, the president
says that there is no danger of the
Controller Railway & Navigation COM
pany or any other interests monopoliz-
ing the field. and nothing to show that
this company IS in any way connected
with the Morgan-Guggenhe inter
ests. Hence. he believes that in elimin-
ating the land he has acted for the
best interests Of the nation.
81 wish to be as specific as possible
his message, land to say that 1 alone
am responsible for the enlargement Of
the proposed elimination from 800
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27
Statement Unfounded.

I was induced improperly and for the
promotion Of their private gain, to
make the order. 49,
Statement Unfomded.
The statement, In so far as my
brother is concerned-and that Is the
chief feature of the postscript-is ut
terly unfounded. He never wrote to
me or spoke to me in reference to
Richard S. Ryan or on the subject Of
Controller bay or the granting of any
privileges or the making OF any orders
in respect to Alaska He has no in
terest in Alaska. never had, and knows
nothing Of the circumstances connected
with this transaction. He does not
remember that he ever met Richard S.
Ryan He never heard Of the Control
Ter Bay railroad until my cablegram
Of inquiry reached him, which, with
his answer, is in the record.
Mr. Ballinger says in telegram In
answer to my inquiry, both Of which
are in the record. that he never re-
ceived such a postscript and that he
was in SEATTLE on the date of July Is,
when it was said to have been written.
Richard S. Ryan, IN a letter which
he has sent me without solicitation,
and which Is in the record, says that
he never met my brother, Charles P
Taft, and that so far as he knows,
Charles P. Taft never had the slightest
interest in Controller bay. in the Con-
troller Railway & Navigation COM
pany, or in any Alaskan company, and
he utterly denies writing or signing
the alleged postscript The utter i'm
probability Of his writing such a post
script to Mr.. Ballinger at Washington,
when the latter was away for his va
cation for two months, must impress
everyone.
The fact is that Mr. Ba1linger never
saw the letter Of July Is, 1910, to which
this postscript is said to have been at
tached- 1t was sent to me by Mr.. Carr.
secretary Ballingers private secretary
at Beverly, on July 1.-THE next day.
read the letter at Beverly in August
with other papers and sent them to the
white house. It was placed upon the
white house files and remained there
until April %, 1911, when 1t was. by
request Of secretary Fisher. returned to
the interior department. and it was
after this that Miss Abbott says she
saw the letter with the postscript at
tached. Mr.. Carr saw no such post
script when he sent the letter to me-
did not see It when 1 read it.. No
one saw It in the executive office, but
1t remained to appear as a postscript
when Miss Abbott saw the letter In
apr VI may OL 1Lc LIES VI Tic illlC-
rior department. All others were de-
MED the sight
The person upon whose statement
the existence Of what has been prop
erly characterized as an amazing post
script is based is a writer for the news
papers and magazines. She was given
permission by secretary Fisher. after
consultation with me, to examine all
the files in respect to the Controller
bay matter-and this under the super
vision Of Mr. Brown then private sec
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27

suicide was supposed to be the reason
for his condition
Henry Cool.
Henry Clay Beattie, who told so
firm and straightforward a story Of
the killing of his wife. has taken his
arrest ceolly. He told the coroner
that on the night of July IS he was
driving IN his automobile with his
wife, when a man suddenly appeared
in the roadway. Beaatie said he
slowed down and that the man blazed
away at them with a shotgun. The
husband felt his young wife sink
against him and realized that she was
wounded. According 10 his story, he
leaped out Of the machine and Crap
pied with the assassin, taking the gun
away from him and placing ii In the
machine Then, he said. he started
on a race to town. with one hand
on the wheel and the other around
his wounded wife. She was dead when
a physician was reached On the way
he threw away the gun. and it was
found later by the roadside.
Beattie was brought to the city Jail
in Richmond after the adjournment OF
the inquest, and he handed his grip TO
the jailer with the air OF a man en-
tering a hotel A slight twitching OF
his right cheek has been the only
evidence of nervousness he has shown.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27
500 Reward, $500.

The readers OF this paper VIII be pleased TO lean
that there least dreaded disease that science
has been able TO In all its stages. and that Is
Catarrh Halls Catarrh Cure Is the only positive
cure now known to the medical fraternity Catarrh
being constitutional disease requires consttu-
tional treatment. Halls Catarrh Cure is taken in
ternaliy. acting directly upon the blood and mucous
surfaces OF the system. thereby destroying the
foundation OF the disease. and giving the patient
strength by building up the constitution and assist
Ing nature in doing its work. The proprietors have
so much faith IN its curative powers that they offer
One Hundred Dollars for any case that 1t fails %
cure. Send for list OF testimonials
Address F. J. CHENEY & CO.. Toledo. o.
Sold by all Druggists 75c
Take Halls Family Pills for constipation.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27

Mrs. G. A. Redic and daughter, Vida,
are visiting Mr.. and Mrs r. B. Redic,
at 225 Diaz Mrs. c. A. Redic was
teacher for three years at Cloudcroft,
and will teach there this winter She
will return to Cloudcroft Friday ac-
companied by Mrs. r. B. Redic.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27
h M1THE1RS
1@0uTY

1t is the duty of every expectant
mother to prepare her system for the
coming of her little one; to avoid as
far as possible the suffering of such
occasions, and endeavor to pass
through the crisis with her health
and strength unimpaired. This she
may do through the use of Mothers
Friend, a remedy that has been SO
long IN use, and accomplished SO
much good, that it is in no sense an
experiment, but a preparation which
always produces the best results. It
is for exernal application and so pen
etrating In its nature as to thorougllly
Intricate every muscle, nerve and ten
don involved during the period before
baby comes. 1t aids nature by ex-
banding the skin and tissues, relieves
tenderness and soreness, and perfectly
prepares the system for natural and
safe motherhood. Mothers Friend
has been used and endorsed by thou
sands of mothers, and its use will
prove comfort and a benefit to any
woman in need of such a remedy.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-27

Mother 5 Friend
is sold at drug
stores. Writefor
free book for
expectant moth
ers, which con-
The Butler weekly times. (Butler, Mo.) 1881-1918, 1911-11-02
HOPE FOR AN AMERICAN POPE
Catholics of United States Believe
Way is Paved for An Irish
American Ruler.

Rome, Oct. 31-Comment on the
approaching consistory, when II
cardinals, including three, and pos
sibly four, from the United States
will be created, continue to empha-
size the great significance of Pope
Plus decision to grant Immediately
to America four representatives in
the sacred College. BY some it Is
asserted that the way is being paved
for the advent of an American pope.
1t is pointed out that the largest
body of Catholics outside of Europe
is to be found in the United States
and it's possessions, An Irish-Ameri-
can pope is suggested for the day
when it shall be considered no longer
necessary for the papacy to be held
by an Italian.
The Butler weekly times. (Butler, Mo.) 1881-1918, 1911-11-02
GOVERNMENT SUES
TOBACCO TRUST FACES SECOND
ATTEMPT TO DISSOLVE
1T.
ATTORNEYS ADDRESS THE COURT
Ask for a "Sane and Reasonable"
Plan Of Read Array
Of Legal TaIent-Attorney General
Wickersham to Make Argument.

New York, Oct. 31.-Lewis Cass
Ledyard opened the tobacco trusts
second fight for life in the United
States circuit court here. Repre-
sentatives of all the interests affected
by the proposed reorganization Of
the American Tobacco company were
on hand at the federal building when
court convened.
Judge Lacombe announced that
counsel for the American Tobacco
company would be heard first, then
representatives of outside interests
which are interested in reorganiza-
tion of the company.
Attorney General Wickersham is to
be heard in behalf of the government
after all the others have been heard.
Mr.. Ledyard started off with gen.
eral argument in favor of sane and
reasonable plan Of readjustment of
the affairs of the trust. His words
were followed closely by all in the
room, especially by counsel for those
factions which are fighting the plan
Of reorganization as filed by the cor
poration.
The array of legal talent before the
federal court was the greatest gath
ering of lawyers since the Standard
Oil company battled for life before
the United States supreme court.
Counsel for the American Tobacco
company were W. W. Fuller. general
counsel, Alton B.; Parker, Julius
Parker Delaney Nicoll William w.
Miller, William B. Hornblower and
others.
Among those representing the Sc
curity holders are former Justice
Morgan j. OBrien, Joseph H. Choate
and Odrian H. I.arkin.
Among the lawyers representing
the outside interests are Eugene
Clifford of Chicago, representing the
International Cigar Makers union;
Adolph Kraus of Chicago, for the Re-
tail Tobacco association, and the Chi
cago Cigar Leaf Board of Trade;
John w. Yerkes for the Independent
Tobacco Manufacturers association;
Henry H. Hunter for the Independent
Retail Tobacco association and Felix
Levy of the National Cigar Leaf To-
bacco association.
Associated with Mr.. Wickersham
for the United States government are
James C. McReyno.ds, who began the
prosecution OF the tobacco trust, and
Edwin P. Grosvenor, special counsel
for the government.