davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
"CureS in Every Case"

Mr.. Jas. McCaffery manager Of the
Schlitz hotel, Omaha, Neb., recon-
mends Foley's Honey and Tar Com
pound, because 1t cures in every case.
"I have used 1t myself and 1 have
recommended 1t to many others who
have since told me of its great cura-
tive power in diseases Of the throat
and lungs" Foley's Honey and Tar
Compound is a reliable family medi-
cine. Give 1t to your children, and
take II yourself when you feel cold
coming on. 1t checks and cures
coughs, colds and Group and prevents
bronchitis and pneumonia. Refuse
substitutes. Red Gross Pharmacy (H
Jerman).
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
what Makes a WamnnY

One hundred and twenty pounds,
more or less, Of bone and muscle,
don't make q woman. It's a good
foundation. Put into 1t health and
strength and she may rule a king
dom. But that's just what Electric
Bitters give her. Thousands bless
them for overcoming fainting and
dizzy spells and for dispelling weak
ness, nervousness, backache and
tired, listless, worn out feeling.
Electric Bitters have done me a
world of good" writes Eliza Pool,
Depew, Okla, "and / thank you, with
all my heart, for making such a
good medicine" Only soc. Guaran-
teed by j.. G. Perry
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
Competitive EXAMINATIONS
FOR NAVAL ACADEMY

University Of Oregon, Eugene, Jan.
%. From the number Of entries in
the competitive examination to be
held at the State University, Thurs
day, Friday and Saturday Of this
week, which is to determine two ap-
pointments to the naval academy at
Annapolis, 1t would seem that mill
tary or seaman's lifes does not hold
any vigorous appeal to the young
men Of the state Of Oregon. SO far
but six have signifed their intention
of trying for the appointments, It
may be that the high school boys of
Salem are not aware OF this excel
lent opportunity to get into the
naval academy. There is no politi-
cal, social, or family pull connected
with these two appointments, which
are to be made this spring. Candi-
dates must be between II and 20
years old. The two young men who
pass the highest mental tests in AL
zebra, geometry, arithmetic, gram
mar, geography writing, spelling,
reading, ancient history, and United
States history, and also the highest
physical tests, will be given the ap-
pointments The examinations are
given by the university, the appoint
ments are made by Senator Cham
berlain. En- tries will be oepn until
Thursday morning January 25, at 8
o'clock
mot many apply, because the ex-
aminations are a farce and only sons
of public officials, as rule, get the
places.]
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
DR.. Miles Nervine
A SKIN TlGHTENER
TO REDUCE WRINKLES
(From Popular Medicine J

NNiOu IOpuldI .M6ulClHe.D
In beauty culture, as in the treat
ment of disease, the tendency nova
days is to seek the removal Of causes,
rather than to treat symptoms or
effects. In the matter of wrinkles, for
instance, we know that the lines or
burrows are caused by the skin be-
coming loose in places, SO 1t does not
perfectly fit the flesh beneath. The
skin then wrinkles or says. Natur-
ally the proper thing to do is to
tighten the skln-make it fit-then
there's no room for lines, wrinkles
and folds, and no surplus skin to sag
or bag.
The best known formula for the
purpose is Saxolite, oz., in " pint
witch-hazel. Use as wash lotion
The effect is truly remarkable, espe-
cially as results are immediate. Ask
the druggist for the powdered saxo-
lite, which dissolves more quickly
than any other form.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
Foley KIdner PIlIs

always give satisfaction because they
always do the work. j. T. Shelnut,
Bremen, Ca, says: II have used Foley
Kidney Pills with great satisfaction,
and found more relief from their use
than from any other kidney medicine,
and I've tried almost all kinds. / can
cheerfully recommend them to all suf-
ferers for kidney and bladder trou-
ble." Foley Kidney Pills will cure
any case of kidney or bladder trouble
not beyond the reach of medicine No
medicine can do more. Red Cross
Pharmacy Oh. Jerman).
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
To Dlsarm Criminals.

Portland, Ore, Jan. 22.-Arguing
that the concealed weapon is the tool
OF the thug, Councilman Burgard today
filed an ordinance providing for a Sc
we're penalty for any one caught car
rying them. The measure will come
nj for passage Wednesday Peace Of
ficers arc the only persons exempted
"Take away tn egun, and the hold
nm man loses six-elghths Of his power
for harm" said Bughardt. 1--WE intend
TO disarm him"
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
OREGON SUPREME
COURT DECISIONS
lContInued from Page I'd

marc lien; he has qualified prop
nrtv authorizing him to obtain pos
oession of the goods mortgaged, but
,be title of the mortgagor is not yet
concluded thereby. The latter also
hos property in the goods which
cannot be finally extinguished until
the lien has been properly foreclosed
IN manner provided by law. A
mortgagee cannot Of his own force
and power, even when breach has
been committed by a mortgagor, take
tbe property and proceed to sell the
same for his alleged damages and
advances because he cannot act as
iudge of his own case and execution
or AT the same time. The reason of
tbe rule is satisfied however, when
he makes complaint in replevin and
nroduces proof of the mortgage and
NJ the breach and Of his advances
and submits to a jury the question Of
fact as to whether he has been dam
aged or has not been reimbursed for
his advances. The verdict and con-
seouent judgment thus liquidate his
damages and authorize him to re-
cover possession of the property. This
Is in harmony with the rule laid
down in Backhaus v. Buells. It is
true. under the doctrine Of Jacobs v.
McCally, 8 Or 124, the plaintiffs
might have brought suit to foreclose
the chattel mortgage and made par
ties defendant of all who claimed to
have any interest in the same and
they then could not have complained
of such a proceeding unless they had
delivered the property into the hands
Of the plaintiffs for foreclosure but
direct foreclosure without obtaining
possession under Sec. 741O L. o. L.
is not exclusive as a remedy
Having shown, as disclosed by the
findings of fact, a breach Of the
terms of the chattel mortgage by the
nlortgagor, the plaintiffs here are en-
titled to recover the possession of
the hops 1t remains to determine
the form of the Judgment and the
amount of the alternative Judgment.
The requirements of a judgment in
an action of this kind are thus out
lined in Sec. 1893 l.. o. L. "In an ac-
ton to recover the possession Of per-
sOnal property judgment for the
plaintiffs may be given for the pos
session or the value thereof in case
a delivery cannot be had, and dam
ages for the detention thereof. II
the property has been delivered to
the plaintiff and the defendant claim
the return thereof judgment for the
defendant may be for a return of the
property or the value thereof, in
case delivery cannot be had, and
damages for the detention thereof.
II the property has been delivered to
the plaintiff and the defendant claim
the return thereof Judgment for the
defendant may be for a return Of the
property or the value thereof, in case
a return cannot be had, and damages
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
Administrators Final Notice.

Notice is hereby given that the un-
dersigned administrator Of the es-
tate Of James Bdsall Rutherford, de-
ceased, has filed his final account in
said estate, and that the county
court of Marion county, Oregon, has
fixed Wednesday, the 31st day of
January, 1912, at 10 o'clock a. m.
thereof, at the county court house in
Salem, Oregon, as the time and place
for hearing any objections to said
final account, and for the settlement
thereof
Dated this Both day Of December,
1911. w. 9. WINsLOW.
Administrators Of the estate Of James
Edsall Rutherford, Deceased.
1-2-12-5t-tues
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
Doctors Use This for Eczema

Dr. Evans, ex commissioners Of
Health, says; "There is almost no
relation between skin diseases and
the blood" The skin must be cured
through the skin. The germs must
be washed out, and so salves have
long ago been found worthless. The
most advanced physicians of this
country are now agreed on this. and
are prescribing wash of winter
green, thymol and other ingredients
for eczema and all other skin dis
eases. This compound is known as
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23

Odd. Prescription for Eczema.
DR.. Holmes, the well known skin
specialist, writes: 81 am convinced
that tn Odd. Prescription is as much
o specific for eczema as quinine for
malaria. have been prescribing the
Odd. remedy for years" It will take
away the itch the instant you apply 1t.
In fact, we are 80 sure OF what
Odd. will do for you that we will
be glad to let you have o 81 bottle on
our guarantee that It will cost you
nothing unless you find that II does
the work. j. @. Perry.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23

IA too important matetr for woman
10 be handicapped by weakness, bad
had blood or foul breath. Avoid
these kill-hopes by taking DR.. Kings
life pills. New strength, fine comT
nIexion, pure breath, cheerful spir-
i,s-things that win men-follow
tbeir use. Easy, safe, sure. 25c at
.T q Perry's Drug Store.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23

Tor taking and withholding the
same" 1t is by virtue Of Sec. 741O
l. Q. l., that the mortgage is en-
Titled TO the possession Of the mort
gagged property over the mortgagor
who also has property in the same
goods It is only becasue of condi-
tions broken that the mortgagee has
any property in the goods. He
can only recover his own property
or IN case recovery cannot be had he
is entitled to only the judgment for
the value of his property. This value
is measured by the amount which
would make his whole for what he
mas suffered by the breach of the
conditions of the mortgage.
1t was conceded at the argument
and is well supported by authority
that a chattel mortgage may be Civ
en- to secure the repayment of fu-
ture advances. 1t remains to con-
slider whether the chattel mortgage
can be given to secure the payment
OF such damages as may be suffered
by the mortgage by the failure of
the martgagor to perform the terms
OF the executory contract for the
sale of the property in question.
In other words, are damages result
ing from the mortgagor's violation of
the contract to be considered in es-
tlmating the value of the plaintiffs
property in the chattels? Opposing
the validity of such a mortgage, the
defendant cites the case of Lilianthal
" Mccormick III Fed. Rep. 80.
There a hop contract, much like the
one inland, was involved. The con-
dition of the instrument was that
the same Shall be a chattel mort
gage on the entire crop of hops
raised on the above described land
to secure the payment of all said
sums advanced and interest, and the
performance Of all the provisions
hereof" The court held that this
language was too indefinite to give
a lien for damages recovered for the
breach Of the contract for the sale |
OF the hops 1t said: "There was no
sum mentioned for any damages
that might otherwise arise. No lien
could be given unless the language
to that effect was clear, definite and
certain. AS the instrument reads in
it's entirety it does not give a lien
for any damages. Every instrument,
contract, conveyance or mortgage
must Of course be construed with
reference to the provisions thereof
so as to carry out the true intent
and meaning Of the parties" That
case is dlstlngulshable from the one
in hand by the fact that here the
mortgage is given not only as Sc
curity for the faithful performance
Of the contract on the part of the
mortgagor but also las security for
advances which the said buyer may
make to the said seller under the
provisions hereof, and for any dam
age which said buyer may sustain
by reason of the default or the
breach of said seller in the per-
formance thereof"
In the case Of Crane v. Denim, 7
Conn. 1856, the co6urt upheld a mort
gage given to secure the perform
ance of contract to build a bridge
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23

ening directed him to so to his room
and to bed. Shortly afterwards
Gains saw him again on the street,
and again told him the same thing
Kane applied a vile eplthet to him, and
then made for him. 1t was easy work
for the ex-pugilist, but It took four
knock outs before he could tame Kane.
Even after that Kane insisted upon ex-
ercising his vocal chords, and denounc
Ing the policeman as he was being
taken to the station.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
HE WENT no BED BUT
NOT AS DIRECTED

When Richard Kane decided last
night to resist Night Patrolman
Gaines, when he was placing him UNI
der arrest, he little dreamed that he
was encountering a pugilist, and It
took four knock down blows before he
would be convinced of II.
Kane had been drinking heavily
during the day and Gaines, in the ev-
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23

II your children are subject to at
tacks Of Group, watch for the first
symptom, hoarseness. Give Chamber
lain's Cough Remedy as soon as the
child becomes hoarge and the attack
may be warded off. For sale by all
dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
Woman Finally Receivers
From Nervous Breakdown

Impoverished nerves destroy many
people before their time. Often be-
fore sufferer realizes what the
trouble is, he is on the verge of a
complete nervous breakdown. It
is OF the utmost importance to keep
your nervous system in good con
dltion, as the nerves are the source
OF all bodily power. Mrs. Anna
Kounz, 2Ir Mechanic ST., Pueblo,
Colo, says:
For many years l suffered from
nervous prostration; l was unable
to do any house work and doctors
failed to help me. Remedies |
tried from druggists did not do
me a particle Of good. A neighbor
told my husband about
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-23
DR.. Miles Nervine

and he procured bottle. After the
first few doses l showed a marked
Improvement and after taking two
bottles was entirely cured. | have
been perfectly we'll for years and
cannot praise DR.. Miles Nervine
too highly"
If you are troubled with loss of
appetite, poor digestion, weakness,
inability to sleep; if you are in
general run down condition and
unable to bear your part of the
daily grind of life, you need some
thing to strengthen your nerves.
You may not realize what is the mat
ter with you, but that is no reason
why you should delay treatment.
DR.. Miles Nervine
has proven its value in nervous dis
orders for thirty years, and merits
trial, no matter how many other
remedies have failed to help YOU.
Sold by all druggists. n first bottle
falls to benefit your money Is returned.
MILES MEDICAL CO., ElShart, Ind.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1912-06-14
OLD AND new WORLD
BRIEFS FOR THE BUSY

Tagalie, winner OF the English Der
by, was badly beaten in the Oaks
stakes of 5000 sovereigns at EPSON
Downs by Mirska, three-year-od
filly. Mirsna was an outsider in the
betting at 33 to !.
4 schoolboy in St Petersburg, Rus
sia, shot and injured his French teach
er FOR giving him bad marks in an ex-
animation.
George HORNE, the Los Angeles
high jumper, cleared the bar at feet
9 inches in practice at Travers Island.
He looks like one sure point winner
at the Olympic games.
Lines controlling traffic to Gulf and
Brazilian ports We're made defendants
in an action similar to that brought
against the Atlantic Conference, the
government alleging they had con
spired to monopolize business.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1912-06-14
ORGANIZING FC2
THE CONVENTION
Status of Elected Members OF
Republican National Committee
NO BOLT, SAYS J. M. DIXON
Roosevelt Wants Dixon to Be Selected
as National Chairman "in the Event
of ColonePs Nomination'-All
Factions in Fighting Mood.

Chicago. - With the convention
many days off the daily scenes i'll the
hotel lobbics where delegates and poll
ticians gather during National con
vention, as we'll as at the Coliseum
Annex, where the convention head
quarters are located, have rivaled
those which in other years were i'll
evidence only on the very eve of the
convention itself. Not only is the full
membership of the Republican Nation
al Committee represented here but the
advance guard of delgates and con-
testants, and leaders, who have no di-
rect connection with the committee or
the contests have been flocking into
the city.
A plan to meet at once the full force
of Theodore Roosevelts fight TO con
troll the organization of the Republican
National Convention by making per-
manent the organization, with Senator
Elihu Root as chairman, was practical
ly agreed on by Taft leaders. This is
in accordance with the wishes of the
President
The permanent chairman will be re-
ported 10 tne COlnUlllee Oh peIIidheilt
organization made up of one member
from each state and territory, report
ed from the floor of the convention,
following the temporary organization.
The wishes of the candidate for Presi-
dent are usually consulted by the son-
vention. and it is generally assumed
that President Taft's friends will
strive to make Senator Root permaE-
ent presiding officer
The Roosevelt campaign managers,
who also have transferred their activi-
ties to this city. persisted in their pre-
dictions that Col. Roosevelt would be
nominated on the first ballot when the
Republican National Convention
meets. From neither side has there
been forthcoming for publication any
thorough analysis of the situation to
bear out with convincing force the as
gertions of either.
Fresh from conference with Col.
Roosevelt at oyster Bay, Senator Dix
on and National Committeeman VIII
liam r. Ward of New York made it
clear that the Roosevelt managers
were net behind the claim of Mr.. How
ell to a seat on the comrittee.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1912-06-14
MOVE TO PLEDGE
ALL THE DELEGATES
Republican National Committee Oeiib'
crates at Chicago-Newspaper
Men Admitted.

Chicago-The supporters of Presi-
dent Taft had things their own way in
the first session of the Republican Ma
tional Committee.
The test vote was on Kellogg's mo-
tion to admit all newspaper men to
the sessions of the National Commit
tee. The Taft men opposed this, say
ing that representatives of the recog-
nized national press associations, serv-
ing all the newspapers, would meet
every object of publicity. The Taft
men won 80 to IS, with Nevada unrep-
resented
Immediately after Victor Rosewater
of Nebraska. acting chairman, called
this meeting to order Col. Harry 5.
New offered a resolution calling for
the election of Mr.. Rosewater as chair
man of the committee. This was unani-
mously adopted. Mr.. Rosewater has
been acting chairman since the death
a number of months ago of John f.
Hill of Augusta, Me. Mr. Rosewater's
term of office as chairman will expire
after the candidates of this convention
have been nominated.
The widely advertised purpose of r.
b. Howell, national committeeman
elect from Nebraska, TO demand his
seat in the national committee before
the hearing of the contests, which Mr.,
Howell had declared. on the advice of
Mr. Roosevelt, failed to materialize.
Mr.. Howell was guided by Mr.. Roose-
velt's own political managers, who
told the aspiring Nebraskan that his
claim to seat at this time was far
too fiimsy to warrant the attempt, that
it was certain to be rejected by an al
most unanimous vote of the commit
tee and that it's rejection would be her
aided abroad as sigal defeat for Mr..
Roosevelt Under the circumstances
he decided not 70 submit his conten-
ton.
Following the defeat of the Kellogg
motion. the secretary of the commit
tee was authorized to employ a force
of expert stenographers to prepare
and furnish to the members of the
press other than representatives of
the press associations verbatim copies
of the proceedings. 1t is estimated by
Secretary Haywood that the steno-
gaphic reports will reach members of
the press from thirty to forty minutes
after the actual proceedings.
The Taft men resurrected the Ros-
coe Conkling resolution of the conven-
ton of 1880, which binds all harfis Dot
to bolt, and will try to slide it through
tho comjnq convention IN head off any
"run-out" by the Colonel.
The committee voted to give thirty
minutes and fifteen minutes side for
State and district contests respective
w.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1912-06-14
Minnesota for Wilson.

Duluth, Minn.-Bryans friends in
Minnesota made an effort to stampede
the convention to put in second choice
on eloqxence, but the matter came to
vote and they proved a mere hand
full The original resolutions instruct
ing the delegates to vote as unit for
Woodrow Wilson until he is nominat-
ed or until two-thirds of the delegates
agree that his somination is impossi-
BILE went through with only feeble
NO" Ihis was the only fight that de-
yeloped in the convention.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1912-06-14
TWO WARSH|PS
RUSH TO HAVANA
Washington Sends Aid from Key
West on Beaupre's Plea.
ON VERGE OF A RACE WAR
Anti-Negro Demonstrations and Riots
Arouse Fears of Foreieners-Seri-
Gus Consequences Dreaded If
Blacks Are Goaded.

Washington-Adm Hugo Oster
haus. Commander in Chief of the At
lantic Fleet. was ordered to Havana
forthwith with the armored cruiser
Washington and one other warship
picked by himself. He proceeded I'M
mediately from Key West with both
vessels.
Orders for the dispatch of these two
vessels to Havana We're given by the
Navy Department in response to re-
ouest from the Secretary of State fol
lowing the receipt of an alarming cab
legram from Minister Beaupre at Ha-
vana, which said that the situation III
Havana and its suburbs has been rap
idly growing worse, and has now as
sumed the character of race war.
Urgent appeals for American warships
have been made to Minister Beaupre
by American and foreign residents OF
Havana and by prominent Cubans.
AS soon as this dispatch was receiv-
ed the State Department got in touch
with the Navy Department, with the
result that Secretary Meyer directed
Admiral Vreeland, Aid for Operations,
to have two vessels sent forthwith.
Admiral Nreeland sent dispatches to
Admiral Osterhaus at Key West, di-
recting him to go in person with tho
armored cruiser Washington, and an
other vessel,
Havana-The riot, while extending
to all parts of the city and causing
general excitement and alarm, result
ed in few casualties. One white on
locker was mortally wounded and sew
eral negroes We're injured. The dis
turbance lasted only short time,
The shifting of the Cuban storm
center from the wilds of Oriente and
Guantanamo to the capital was regard
ed here as the final proof of the utter
decentralization of the Gomez govern
ment. 1t is now feared that the ne
groes have been goaded into despera-
tion and will stop at nothing TO avenge
the persecution heaped upon them IN
the last two days.
1t is well known that the Gomez gov
ernment is penniless. so destitute In
fact that the appropriation by Con
gress of $1,000,000 last week with
which to carry on the campaign
against the rebels, is regarded here as
a farce and there is no money III the
treasury.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1912-06-14
Sewage Plant Approved.

State COMMISSIONER OF Health Sam
uel G. Dixon has approved plans for a
sewage disposal plant for the Somerset
county almshouse. The plant was re.
commended by the commissioner and
will be installed within short time.
The State Hospital for the Criminal
Insane is also to have a sewage dispos-
al plant, plans having been approved
for one for the new institution in
Wayne county. This will prevent any
sewage from the high-perched prison
from polluting the supoly of the town
Of Waymart.