davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-29
OREGON ElI SUPREME COURT DECISI0NS
Full Text Published b, Courtesy Of :. HV'V'VWO
Supreme Court '' n7pOr'er Of the

Inc William R. billiard land IS nov
s S"neu Oy NJ R. Hastings. The a.
.snaant Is in possession. under
se sOn'ract to purchase, of the premise
formerly owned by Luther = nnaY, lll.9s,
,ne bohrnstedt Company having So
cured a deed of the GEORGE mn
''l,, 1 caused it to be surveyed anf
plated into small tracts which -,
oes cultivated and fruit trees sat
out thereon with view of selling ~, ~
o'euards' The corporations entire
.ract has passageways extend,n,
from the south boundary on each s,da
or double tiers of small tracts to tho
lane' The plaintiffs Olson. settsn-
Llch and Sloan have secured from Tho
bohrnstedt Company contracts for
lne purchase of the orchard and
Firie' Gay and Jordan had former,v
travelled along the land.
A public highway has been estab.
lished from the county road on the
north boundary of the land of which
'he defendant is in possession, thence
west across the premises owned bv
To-
f1asthgs and by other persons to
and terminating at north and soutb
county road. The premises on which
such east and west highway is locat.
eu were conveyed by the respective
owners to the county, the grantors
agreeing with each other that when
the road was opened they would re.
linquish to Scharen whatever inter.
ests they may have had in or to the
lane. The cross road was opened for
travel about October, 1909, where.
upon the defendant began to obstruct
the lane precipitpdng this suit
which resulted as hereinbefore indi.
Gated.
Some controversy exists as to
whether or not William R. billiard
paid any consideration to his brothers
for the use of the way evidenced by
the lane. This question, however, is
not regarded as important for it
seems to have been conceded by the
defendant that the way was an ap-
purtenant which passed by mesne
to Hastings who relin-
luished all interest therein in consid-
grafton of securing the establish
nent of public highway across his
and. +
No evidence was offered tending to
show either an express or an I'M
)lied dedication of the way, or to
,rove any priyity of contract or es-
ate between any of the persons trav-
ling in the lane and the owners of
he fee thereof. If the right to use
he way has not been secured by pre-
the grantors whose lands
re situate west of Hastings prem
ses had no interest in the lane to
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-29
BOhrnstedt Co., ct al, '. Seharen.
Lane County.
Decided, December 10. 1911.

bhht county.
Decided, December 10, 1911
The A C. Bohrnstadt Co. a corDo,
alton; Charles Olson, S. settenrich
T. R. Sloan, George Pirie, J. G Ca,
and G. w. Jordan, appellants w
J. Scharen, respondents. Anneo
from the circuit corrt for Lane conn
ty Hon. Lawrence T. Harris Judge
Argued and submitted December :
1911. S. P. Ness for appellants VIM
G. Martin for respondent. Moore 7
Affirmed.
This is a suit by the A. C. Bobrn.
stedt Company, corporation
Charles Olson, S. Settenrich T p
Sloan, George Pirie, ]. G. Gay and q
W. Jordan against W. ]. scharen 70
enjoin the obstruction of an alleged
public road. The cause being at is
sue was tried resulting in a decrso
dismissing the suit and plaintif's an.
peal.
Moore, j. 1t appears from the tes-
timony that about the year 1888 vii.
liam R. billiard held the legal title IN
land in Lane county Joining a part
of his premises on the east his bro.
theirs, Luther and George, then owned
undivided interests in land that ex-
tended east mile to a north and
south county road. The land so held
in common was partitioned and LII
ther billiard obtained strip off the
north end about SO rods wide and
George billiard secured the remain
der. In locating the boundary thus
determined, 1t seems that the lima
was placed too far uorth. William R
billiard having no road to his land.
the brothers mentioned agreed with
him that he should have a passage
way along such division line and
puiauoAI W biV ollpuldllOu, Ie0ceS
were built forming lane in the CEN
ter of which the boundary was sup
posed to have been. No deed or 9TH
er writing was ever executed to evil
dence the way nor did Luther Dill
lard or his successors in interest
ever plat or sell any of the north |
strip with reference to the lane. The
west end of the way was closed with |
gate through which William R. Dill |
lard and persons who lived west of
his premises and their successors in
interest passed and Travelled along
the lane to and from the county road
for more than 10 years prior to any
interference with the way, and with.
out objection from any person or no.
tice that the lane was private prop
erty. Several persons who thus used
the lane, Joined in repairing it occa-
sionally but no public money or la
Dor was ever expended thereon.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-29

as..l' Oanuon' as a consideration for tn,
es'aonshment Of the public highway
anu the plaintiffs have no right in q,
70 the way which they can enforce
Whatever privileges William R. Dill.
lard may have secured from his
brothers, the way which he Was ner.
nl''ea to use was unquestionably
private and it has not, by any act Of
hu'her Dillard or his successors in
interest constituting an estonnal
oeeh converted into public road 50
lar as the lane extends upon the
premises formerly owned by him II
the easement which he secured had
been established and maintained
without the consent of the owner Of
'he lee for the time specified IL
would probably be presumed that the
use was pursuant to a claim of rigbt
ana adverse, thereby imposing ON
such owner the burden Of proving
'nat the way had been enjoyed by H.
cense or privilege. Coventon v Seu-
Iert' % Or. 54S, $50. In that case
however, it was inadvertently said
the presumption was Conclusive
when the qualifying word "disputa-
Ole should have been used. As. fur
ther Illustrating the legal principle
thus announced, see Pierce v. Cloud.
~ Am. Dec. 1876; Chollar v. Potosi M
Go. v. Kennedy, 80 Am. Dec. 400.
Where way has been established
oy consent of the owner of the fee,
evidence to substantiate a prescrip-
i've right to continue the easement
ought to be clear and conclusive In
Hall V. Mcleod, "A Am. Dec. 400. 4O2 |
Mr.. Justice Simpson, discussing a
feature of this rule, says:
1T cannot be admitted that where
the proprietor Of land has a passway ,
through it for his own use, the mere
permissive use of it by other persons
for half a century would confer upon
them any right to its enjoyment. So
long as its use is merely permissive.
IL confers no right; but the proprie-
tor can prohibit its use, or discon-
-inue 1t altogether at his pleasure. A
Inherent doctrine would have a ten
iency to destroy all neighborhood ac-
,omodation in the way of travel: for
I 1t were once understood that
nan by allowing a neighbor to pass
through his farm without objection,
'ver the passway which he used him
'elf, would thereby, after a lapse of
~ or 80 years, confer a right on him
o require the passway to be kept
'pen for his benefit and enjoyment, a I
against all such travel
would Immediately ensue." To the ,
anne effect see Stacey V. Miller, So
I'm. Dec. 112.
"A private way says noted au-
hor, may, doubtless be transformed
nto public one, but in order that
his may result without legal pro- I
eedings, it must appear that the $
wner fully consented to the change, {
r there must be some element of es- J
opel to deprive him of his rights
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-29

as the owner of the fee. Where 3
way is laid out and used as private
way, the mere fact that the public
also makes use of it without obiec-
ton from the owner, viii not make
1t public way. If the use by the
public is not clearly declaratory of
the right to use it as a highway. and
Is not so understood by the owner of
the fee, the public will not ACQUIRE
the free right of passage, nor win it
be burdened with the duty of making
it safe and convenient for passage .
Elliott, Roads and Streets cd. ed)
Sec. 8.
In the case at bar the way was or
iginally private and its use by VIII
liam R. billiard and his successors is
interest was by permission, and the
only evidence offered at the trial
tending in any manner to prove the
assertion of an adverse right is that
a little voluntary work was done by
the persons using the lane so as TO
render it passable. It would reason
ably be implied from such improve
ment that desire to make the way
better prompted the repairs, for it
cannot be supposed that the persons
travelling along the lane would expect
the owner of the fee to bear all the
burden Of maintaining it for their ac-
commodation. The repairs that were
made consisted of few loads Of sand.
that were hauled on the way and such
improvement was not, in our opinion,
sufficient to impart to the owners of
the fee notice of an intention to assert
an adverse use so as to convert a
private way into public road.
1t will be remembered that the lane !
Is cul de sac and originally estab- |
lished as private way Such being |
the case 1t was not incumbent upon
the owners Of the fee to place obstruc- |
tions in the lane or to notify persons |
using 1t that the license, pursuant to !
which the travel was at first permit
ted, was revocable. If it were sought
to initiate prescriptive right so as !
to change a private way into a public
road it devolved upon the persons us
ing the lane Enthusiastically to notify the
owners of the fee affected thereby of
heir claim.
The Bohrnstedt Company, by NOV
ng its north fence few feet to the
south can establish a way on its own
and, thereby accommodating all the
plaintiffs who have no other manner
If reaching a county road.
Believing that no error was commit
ed by the trial court the decree is
affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-29

Decided, December 10, 1911.
Mutual Fire Company of Portland,
Oregon, appellant, v. F. E. Maple, re-
spondent. Appeal from Multnomah
county. The Hon. VIM. N. Gatens,
Judge. Submitted On briefs Nov. 2S,
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-29

Mutual Fire Company Of Portland, v.
Maple, MultnOmah County.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-29

Continued on Page g.
Perth Amboy evening news., 1911-09-16
HAS OBSERVED
.IOI BIRTHDAYS
William Rankin of Summit
is States Oldest Resident.

Summit, n. J., Sept. 16-The oldest
resident of this state and the oldest
living college graduate In the United
States, William Rankin, celebrated his
one hundred and first birthday quietly
at the home Of his daughter, Mrs.
Ellen R, Bliss, In the Valley View
road. In past years there have been
family reunions on the occasion of his
birthday, and neighbors from the coun-
try round have come to congratulate
him, but his advanced years render
this Impracticable now.
That isn't saying that the old gentle
man Is inactive. He Is able to move
about freely without assistance and
takes a drive every afternoon If the
weather in fine. His hearing isn't
good, but he's still able to read.
81 still take interest in the news Of
the day" said he, only 1t seems now
as If there isn't anything much in the
papers except stories Of crimes and
suffering. We got on just as well IN
the old days when we had to walt sew
eral days for a newspaper. Then there
wouldn't be much In It except crop
reports and some gossip about the do
ings at Washington.
'Everything's got to be done In q
hurry nowadays. We've got trolley
cars and airships and automobiles. l
saw that Ward fellow in his airship
the other day. They've come to stay,
I guess"
Mr.. Rankin is a lawyer. He practised
law for a time with President Tafts
father, Alphonsus Taft.
81 like President Taft" said he, "be-
cause he seems to have what a lot OF
people lack-good sense
Mr.. Rankin was born in Elizabeth
when it was known as ElizabethtoWn.
He was graduated from Williams col
lege In 1881. He lives in Princeton
during the winter months, One Of his
sons. Dr.. Walter Rankin, Is professor
Of biology there. His other w sons
are Rev. J. J. Rankin Of Scranton, Pa,
and q. s. Rankin, a member OF the
Newark water board.
Perth Amboy evening news., 1911-09-16
0UHUAT SGHUOL ASSN.
OF MOUTH COUNTY

Red Bank, Sept. 16.-The annual
meeting of the Monmouth County
Sunday School Association was held
yesterday in the Presbyterian
church. President Barrel B. Con-
over, of Englishtown. presided. At
the morning service the Rev. f. w.
Randell, of Imlaystown, spoke on
VIVA Should the Sunday School
Harvest Be-" Reports were given
by township secretaries and superin-
tendents OF departments, and Louis
H. Koehler, general secretary, de-
livered an address Important Fac
tors IN Harvest Production"
In the afternoon the Rev. 8. D,
Price, OF Camden, secretary of the
state association, presented the state
work, and addresses were delivered
by Miss Alice B. Hamlin, grade SUI
p~erintendent, on How the Sunday
School Teacher Can Help in Harvest
Productions" Louis H. Koehler on
Sunday School Methods" and ED.
u%cational Evangelism" by the Rev
Milton 8. Ltttlefeld, of Brooklyn
Last night Rev. w. E. Foote, OF
Freehold, spoke on Our County
Associations Product, a Standard OF
Excellence" and the Rev. Dorrest e
Dagger, of Philadelphia, made an ad.
| dress
Perth Amboy evening news., 1911-09-16
TEARS
AT LITTLE GIRL
Syracuse Crowds See Child
Seriously Injured.

Syracuse, N. Y, Sept. 16.-Clawed
by a lioness In the Joseph G. Ferarfs
wild animal show at the state fair
grounds, Laura Burns, seven years
old. received injuries which may
death.
The little girl, with her aunt, Mrs.
Amelia Carr of Erieyille, and cousin,
Donald FOCUS, went to the fair. The
child was fascinated by the lions,
whose cage was directly in front of
her. and twice she slipped under the
rope in an attempt to get near them.
The big lIoness Victoria sprang from
the back OF the cage and, thrusting
her left paw through the bars, seized
the child's head in its claws.
James A. McRea, I'm engineer OF
Buffalo, a spectator, rushed to h
child's assistance and succeeded In
dragging her from the lions clutches,
but not until the claws had terribly
lacerated her head and face. In saw
ing the child's life McRae received
several scratches on his arms and a
deep cash on the left cheek from the
ella WS.
Perth Amboy evening news., 1911-09-16

r1I NIX
h~ -HhNhk
SOME CHANGES
Promised in De-
partner of Agriculture.

Washington, Sept. 16.-The Wiley
ease has given rise to the general opin-
ion that there will be radical changes
In the methods Of enforcing the pure
food laws and that a general shakeup
in the department of agriculture viii
follow President Taft's decision in the
Wiley case.
Although completely e~xonerating
DR.. Wiley from the charge against
him and letting off his associates, Drs.
Bigelow and Kebler, with a gentle
reprimand, the president nevertheless
makes it clear In his letter to Secre-
tary Wilson that he is not blind to
conditions IN the department which
imperatively demand action In the
near future. For, referring to the in
quiry into the subject begun by the
house committee on expenditures In
the agricultural department and not
concluded when congress adjourned,
Mr.. Taft says:
THE broader issues raised by the
investigation which have a much
weightler relation than this one to
the general efficiency of the depart
ment may require much more radical
action than the question l have con-
sidered and decided"
This statement is considered as par
ttcuiarly significant and is taken to
mean that the president intends to de-
vote his personal attention to the de-
partment when he m back to
Washington, and that he Is determined
to put an end to the long existing feud
that has admittedly been a serious
menace to the efficient enforcement Of
the pure food law.
1t has been pointed out to the pres
ident by those favoring the commits
sion Idea that the pure food law has
not only come to stay, but that IN the
future Will be amended In important
particulars and greatly ~broadened In
scope and that, Judging from the con
slant friction due not only to the per
sonnet equation. but to the present
complicated methods Of procedure that
attends the present effort to enforce
the law, some radical change IN the
near future may be considered as abso-
lItely essential.
With this latter view the president
Is said by those with whom he has dis
cussed the subject to agree fully and
as a result It seems inevitable that the
reorganization of the department this
winter will be the biggest departmental
shake up in years.
Perth Amboy evening news., 1911-09-16
CRAWLEY DEATH
INVESTIGATION
Procacutnr Enore un- Mne
Run Over by Auto.
specIaI 10 the EVENING NRws.

New Brunswick, Sept. 16:-The
Middlesex county grand Jury COM
pleted its work for the April term of
court yesterday afternoon, handing
in to Judge Pier F. Daily, twenty
six indictments. They were dis
charged with the thanks Of the
court. Sheriff William H. Quacken-
boss draws his last grand jury for
the September term of court, which
opens next Tuesday.
Witnesses were examined yester-
day in connection with the death Of
Pier Crawley, Jr., near Browntown,
a year ago. Crawley was found dead
along the road between Browntown
and Matawan and 1t was believed
he had fallen OFF the wagonload of
grain he was driving and had been
run owe by his own wagon. Pros
ecutor T. B. Booraem summoned
witnesses yesterday to Investigate a
story that Crawley had been rem
dered unconscious by the fall and
had been killed by an automobile
which had run over him. Among
the witnesses was a young woman
who was said to have been In the
auto. 1t Is said no bill was found,
the death being held as accidental.
Perth Amboy evening news., 1911-09-16
JOHN D. JR.,
NEAR DEATH
Son of Oil Magnate Narrowly
Escapes Falling Girder.

Tarrytown, n. Y, Sept. 18.-John D.
Rockefeller, Jr., escaped death by
inches, one man will die and four
others were terribly injured IN an ac-
cident which occurred on his h
Mr.. Rockefeller, Jr., went to see
how the addition Of ten rooms to his
fathers house was progressing. The
roof Of the house has been torn off
and it is being showed up into the air
to add ten guest rooms, Mr.. Rookie
Teller had Just passed around to the
west side Of the building as some men
were hoisting a bundle of steel up -
the roof. The derrick, which is To-
Gated on the roof, had raised the steel
10 the second story when one end
caught on the cornice, The tie rope
broke and the steel '..pped up in the
air on end and slipped through the
| moose.
A large number OF Italian laborers
were at work on the ground helping
some stone masons The bundle Of
steel broke and the beams scattered,
and as they struck the ground they
moved the men down like q scythe.
After the crash young Rockefeller
rushed In to pull out the injured men
from under the pile Of steel
The physicians found that n mar
had a fractured skull and would prob
ably die, another was ~paralyzed, while
the other three had bad cuts on the
head, but not fatal injuries.
Perth Amboy evening news., 1911-09-16
OFFICERS
OF S. S. ASSN
Local Delegates at DuneIIen
Meeting Yesterday.

Many members and delegates from
all parts of the county were present
at the annual convention of the
Middlesex County Sunday School
Association held in the Presbyterian
church at Dunellen yesterday.
At the close Of the convention 1t
was voted to hold the next conyen-
ton in the Suydam Street Re
formed church, New Brunswick, on
the second Thursday Of September,
1912. An invitation from that
church was received and accepted.
The convention yesterday was one
Of the most interesting ever held.
In the absence of Daniel w. Wray,
president of the association, Rev.
]. E. Curry, of Cranbury, presided.
The borough of Roosevelt was added
to the association and J. G. Wilson
was elected as secretary of that dis
trict.
The officers elected were as fol-
lows: President, e. B. Brown, of
Dunellen; first vice president, Rev.
Alan D. Campbell, New Brunswick;
Lord, of South River; recording sec
rotary, "llllam II. rail- VI NOOu-
bridge; secretary and treasurer,
William B. ~Applegate, Of New
Brunswick; executive committee, H.
A. Wilson, Woodbridge; William R.
Reed, New Brunswick; w. A. Crow
ell, Metuchen; R. P. Rodan, Sayre-
Vile: J. G. B~urnsdale, New Market;
j.. Kalesch, Perth Amboy; G. a.
Bennett, Cranbury.
The following superintendent
we're elected: Home department,
Rev. H. N. Jordan. Dunellen; coun-
ty elementary, Miss Angie Wray,
New Brunswick; intermediate, Ell
zira Whittier, Metuchen; teachers
training, Mrs. William G. Farrell. of
New Brunswick; organized adult
class, Charles Letson, Metuchen;
evangeIistfc work, Rev. R. w. Mark,
Woodbridge; missionary work, Miss
Irene Mason, Metuchen; member of
the state executive committee, H. B.
Zi1rerman, New Brunswick.
All of the township secretaries
reelected with the exception
of Villa B. Applegate, New Bruins
wick, who was made secretary and
treasurer. He was succeeded by
William Dunn, New Brunswick, as
Perth Amboy evening news., 1911-09-16
II you DO not read the NEWS
Every day you Will miss q great deal.
NOTICE.

Sealed proposals will be received
at the New Jersey State Home for
Boys, ~Jamesburg, N. j., until 1000
A. NJ, Wednesday, Octoebr 4. 1911,
for furnishing six months supplies
from October I, 1911, to March 81,
1912-meats and provisions. dry
goods and notions, leather and shoe
findings, clothing, lumber and build
ing material, paints, oils and glass,
feed, etc.
Proposals must be made subject to
the conditions of the schedule and
specifications which will be furnished
on application TO the superintendent.
JOHN c.. KALLEEN,
Superintendent.
5OO-9-16-23-3O
Perth Amboy evening news., 1911-09-16
GOVERNORS ON
| I2 ELECTION
mo Politics" Is the Rule
Only at Meetings.

Spring Lake. u. J., Sept. 16.-Al-
though the house of governors rigidly
observes the rule not to discuss poll
tics at its meetings, there are no re
strictfons on what the state executives
may talk about in the hotel lobby. A
governor is a politician, and there are
or were tw~enty-eight of them here, SC
the result is not a mystery-they talk
ed politics.
Judson Harmon of Ohio and Wood
row Wilson %
course, closely inspected by many
western and southern governors, who
wanted to get a line on their person.
atty. The New Jersey governor was
constantly on the go, always shaking
hands with somebody and usually In
the center Of 4 crowd. The nan from
Ohio, invariably affable, kept consid-
erably to himself, however, and
seemed reluctant to push himself to
the forefront in corridor conversation
or In the business session. With the
exception Of five speeches, two OF
length, Harmon talked once for five
minutes.
Judge Harmon was not on the pro
gram, having declined an invitation to
respond to a toast, but after Governor
Wilson Of Kentucky, Governor Mann
Of Virginia, Hadley OF Missouri and
Wilson of New Jersey had talked, there
were calls for Harmon, and he re
sponded for ten minutes.
Judge Harmon walked and talked a
good deal with Hoke Smith Of Georgia
n Hadley Of Missouri, while Gov
ernor Wilson seemed to favor the com
pany of Foss of Massachusetts and
Piaisted Of Maine. Consequently some
OF the governors in smoking room CON
vent1on made up tickets for 1912.
Harmon and Smith or Wilson and
Foss or Wilson and Plaisted. 1t is
said here that Smith, Foss and
Plaisted will certainly be among the
candidates for he vice presidential
nomination next year along with Gov.
ernor Baldwin of Connecticut. One
governor that the coference would like
to have sized up was Marshall Of In
diana, who was unable to get here.
G1lchrist Of Florida has presented all
governors and their wives with tiny
monkeys Of japanese make symbolic
Ing the saying, Hear no evil, speak no
evil, see no evil" When he was RIM
ming for office he handed them out ..to
make people remember me" as he saws
land all but six ladies out Of COCO
said at once, 'Oh, governor, aren't thew
cute! They said they were unning
Two told me they were too dear for
any use and the sixth thought they
were stunning"
The EVENING NEWS has the
largest circulation In the county.