davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
OREGON SUPREME COURT DECISIONS
Fall Text Published BY Courtesy f. A. Turner RsDOrr ., \.
Supreme Court

tln's negligence. The defendant AYERS
mat the contract price between the
plaintiff and the defendant aereed
for the painting O. this defendants
house was $425; that this defendant
paid plaintiff February 16, 1909. the
sum of 5000; that this defendant has
counter-claim against the plaintiff
on account of said repairing in the
sum OF $2l5.Sl and that there is now
aae and owing to the plalntiff from
the defendant the sum Of $9.O9." He
then alleges tender of 5000 and
Sl.OO for filing the lien and takes the
same into court
A general demurrer to the new
matter in the answer having been
oYerruled, reply vas flled denying
the same. The defendant, Failing.
defaulted There was no testimony
on the subject Of attorneys fees. AT
ter a hearing on the issues involved
the court made findings Of fact and
conclusions of law and entered de-
cree declaring that the lien Of the
plaintiff is null, void and Of no ef-
feet, and dismissed the suit, and
hence this appeal.
Burnett ]. A careful reading Of
the testimny renders it unnecessary
for us to consider the question of
law involved by the demurrer to the
answer. The defendant himself does
not pretend to have had any agree
ment with the plaintiff about the use
of the furnace. His whole afirma-
tive answer depends upon the license
which the architect is alleged to
have given the plaintiff to use the
furnace and the condition imposed
upon the plaintiff by that license. In
our judgment the defendant fails to
produce preponderance of the eVi-
dence sustaining the alleged license
or the terms thereof, and 1t is not
clear whether the pipes we're frozen
on account of the negligence of Sat-
tier or of someone else, even If the
plaintiff was responsible at any time
for their care. An extended quota
tion from the testimony would serve
but little purpose as precedent in
the reports. 1t is enough to say that
the decree Of the court below is re-
versed and a decree here entered
according to the prayer of the COM
plant but without attorneys fees.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24

a remedial agent. It was shown that
according to the best encyclopedias, It
is a homeopathic poison, and quickens
the action of the heart, and cuts off
sleep, and all alcohol must be driven
out Of the system through a respira-
tory process Of the skin. 1t cannot
be digested, and is not admitted to the
alimentary canal. Rev. John OVAL,
of the Swedish Methodist church, is a
leader in the educational movement
against the use of alcohol as medicine.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
y X X X X X X = a X 4, X X 4
Z STATE NEWS. =
X X X X X X X X X X II X X X \


Some Astoria dealers are to be
prosecuted for selling short weight
butter.
The Baker Herald offered an auto
mobile as a prize in its subscription
contest, and the firemen got in with
a whirlwind rustic and captured it.
1t will be equipped with chemical
apparatus and used by the chief.
The filing of articles of incrpora-
tion Of the Valley G. Siletz railway
is believed to mean that the Falls
City Lumber company will build
into the siletz timber belt and then
to the coast.
A. F. Bellows, of Roseburg, has
donated four acreg Of land to the
city for high school purposes.
Hillsboro is taking preliminary
steps to building a $4,000 munich
pal water system.
W. A. Williams, OF Forest Grove,
is looming up as a possible oppo-
nent of Congressman Hawley.
The Knights of Pythias, of Wasco,
Hood River and Sherman counties,
held district convention at The
Dalles Monday night
The city council of Portland has
put a stop to the telephone COM
panles requiring a deposit to put in
phones, but permits them to collect
three months rent n advance.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
aCures In Every Case.v

Mr. Jas. McCaffery, manager Of the
schlltz hotel, Omaha, Neb.. recon-
mends Foley's Honey and Tar Com
Mound, because 1t cures In every case,
aI have used II myself and I have
recommended II to many others who
have since told me Of its great cura-
five power in diseases OF the throat
and lungs" Foley's Honey and Tar
Compound is a reliable family medi-
cine Give II 10 your children, and
take II yourself when you feel a cold
coming on. II checks and cures
coughs, colds and Group and prevents
bronchitis and pneumonia. Refuse
substltutes. Red Cross Pharmacy Oh.
Jermanj.
n
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
ARE ALCOHOLIC
BEVERAGES
NECESSARY

The Woman's Christian Temper
ance Union had very interesting
meeting Tuesday at their hall corner
of Ferry and Commercial streets. The
subject under discussion was "Are AL
coholic Beverages Necessary In the
Treatment Of Diseases?" The super
intendent Of the department and other
speakers took the position that alco-
hol in no form or in any quantity was
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
what Makes 4 woman,

One hundred and twenty pounds,
more or less, Of bone and muscle,
don't make woman. It's a good
foundation. Put into II health and
strength and she may rule a king
dom. But that's Just what Electric
Bltters 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
good medicine" Only SOC. Guaran-
teed by ]. G. Perry
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
Foley Kidney Pills

always give satisfaction because they
always do the work. ]. T. Shelnut,
Bremen, Ca, says: 81 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 (H. Jerman).
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
The Choice Of a Husband.

Is too important matetr for a woman
to be handicapped by weakness, bad
bad blood or foul breath. Avoid
these kill-hopes by taking DR.. Kings
Life Pills. New strength, fine com
plcxion, pure breath, cheerful splr-
its-things that win men--follow
their use, Easy safe, sure. 25c at
j. G. Perry's Drug Store.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
pottler '. Knapp and Falling, Multi.
nOmah County.

Rattler v. Knapp anu rhliihg, MUTT
nOmah County.
needed January 16, 1912.
Martin Battler, appellant, V, L. H,
xnaOp and olivia H. Failing, re-
snondents. Appeal from the circuit
.pnrt for Multnomah county. Hon.
" W Gatens, judge. Argued and
admitted January IL, 1912. ]. w,
povnolds (Flegel & Reynolds on the
n,is,, for appellant L. E. Crouch,
attorney for l., H. Knapp. Reversed.
Burnett j.
This is suit to foreclose a me-
cbanic's lien upon certain real prop
erty described in the complaint said
% have been incurred for services
and material furnished in painting a
house thereon amounting in reason
oble value to $425, no part OF which
has been paid, except 5000. The
COMPLAINT alleges and the answer de-
nles that $50 is reasonable amount
10 be allowed as attorneys fees in
the suit T he plaintiff made Olivia
H. Failing a party defendant, alleg-
ing her to have some lien or claim
mon the premises subsequent and
inferior to the lien Of the plaintiff
There is practically no dispute as to
the performance Of the services, the
furnishing of the material and the
fling Of the notice of lien within the
time prescribed by law. The princi-
nal controversy arises upon the val
idity of the counter-claim pleaded by
The defendant. In the house in ques-
tlon there was a hot water furnace,
and about that the answer alleges.
"That heretofore, and on or about
the - day Of January 1909, this
defendants architect, at plaintiffs
request and in order and to the end
that plaintiff might continue and
complete his said contract OF paint
Ing defendants house, as set out in
paragraph II Of plaintiffs complaint,
and for plaintiffs sole use and bene-
fit, and without charge licensed, per-
mltted and allowed plaintiff to use a
certain hot water furnace and sys-
TEN then installed in this defen-
dants house, upon which plaintiff
was performing his said labor. 80
That by the terms Of said license and
permission to plaintiff to use said
furnace system, as aforesaid, the
plaintiff undertook and agreed to
take proper care of and prevent said
system from freezing or from dam
age in any manner whatsoever" In
substance, the answer then alleges
that by reason Of the plaintiffs neg
ligence in the management Of the
furnace he allowed the fire to die
out as the result of which the water
froze in the heating plant and caused
the boiler pipes and radiators to
burst so that they were of absolute
ly no value; that the defendant was
compelled to expend $215.91 in re-
pairing the damage done by plain
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-24
y y y x 4 = \ 4 4 X 4 Il X X
: THE ROUNDUP \

! The ROUNDUP =
: y y x < \ 4 4 \ 4 X X X \;
This is Moose day at Albany.
Eugene asplres to city hall,
Field peas are winners in Eastern
Oregon.
John spangler, a pioneer Of corval-
lis, is dead.
Oregon will have a s25 colonist rate
in the spring.
The Hoe Hoos meet in klamath
Falls next May.
Baker City high school has an at
tendance of 275.
klamath Falls can sell no bonds
charter defective.
The Corvallis & Eastern is to have
three-cent fares.
The siuslaw Boom company is max
ing improvements.
Eugene Chinese have hoisted the
flag, of the Republic.
Boxing has been added to the col
lege sports at o. A. c,
The southerlin valley expects to
get railroad to Coos Bay.
The La Grande sugar factory will
be removed to Burley, Idaho.
The Medford Sun advocates a motor
truck boulevard to Crescent City.
The Stephen Golfers, of Bandon,
celebrated their silver wedding.
Doc" well-known and popular
English bulldog at Medford, is dead.
Children in Portland public schools
are no longer permitted to hold hands.
Baker City straw vote for president;
Taft 40, La Toilette 80, Roosevelt 1O5
The new Willamette steamer,
Uncle SAM" is running to Harris
burg.
Like some newspapers, there is a
great pressure of gas on the Ontario
)il we'll.
The state military authorities do
lot seem to be able to get good work
IN the armories.
Taft 21, La Toilette 6S, Roosevelt
ISO is the result Of the straw vote
aiken at Eugene.
Employees Of the paper mills at
oregon City are to be innoculated
With typhoid serum,
Engineer Kelsey is planning with
Mayor Gilbert, Of Albany, for a water
iupply from the mountains.
George Madden, Of Condor, sold
45 pounds Of live chickens for ten
'ents pound. Pays better than hogs.
There may be some property in Ore
ron that is not for sale, but accord
ng to the papers nearly all the real
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01
ONE OF EVERETT BOOSTER S
TONGUE SLIPS.

Rather an amusing thing. if true, was
related as happening at the banquet at
Bloch's cafe given by John McKee's
Dowu-and Out Club. Nou know the
Down and Ont Club changed its official
title to the Boosters Club and the
speeches, while highly humorous, all had
a deeper vein of seriousness. Everett
first, the rest of the world afterward,"
could very appropriately be the motto
of the Boosters. Judging from the tenor
Of the remarks.
Rather off key, then. were the remarks
of Il gentleman present on the subject
of Good Roads The speaker is reported
to have urged the matter of boosting for
good hard road between Everett and
Seattle. a road that should be the de
light of the automobilist Imagine. 90
said the speaker being able to drive our
machines to Seattle in an hour and a
quarter. TAKE IN A SHOW, and re
turn the same evening" The senti-
ment may have been shared by other
gentlemen present. but the incongruity
of forming a Boosters Club that Everett
people might more advantageously spend
Everett-made money in another city,
was painfully apparent. The sentiment
was hardly apropos to the avowed laud-
able purpose of the newly fledged Ev-
erett Boosters.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01
TRANSFERS
ENTERTAIN
A BIG BUNCH OF VISITORS
FROM SEATTLE AND BELL
INGHAM PRESENT AT ATH-
LETIC SMOKER GIVEN BY
LOCAL UNION.

Every union teamster that wasn't
sick in bed was at the Labor Temple
Tuesday night and wearing the grin
that won't come off. The occasion was
an athletic smoker pulled off 10y the
boys in honor of the visit of about
fifty Of their brethren from Seattle and
Bellingham. A business session was
held first and then the lid was tilted.
The doors were thrown open to every
one with cards and quite a number of
members of other crafts in the city
crowded in to see the fun.
Tom Gooly was master of ceremonies
and was here. there and everywhere
about the room making the visiting boys
acquainted with the local unionists. He
was ably assisted by a score of local
teamsters and the visitors soon forgot
they were strangers.
There were three fast exhibition box
inc contests between local boys which
the crowd enjoyed and then Charles
Givins of Seattle, amateur feather
weight contender of the northwest
boxed three rounds with Strehla of the
local nachinists Givcns L. the pride Of
the Seattle teamsterS in the squared
circle and is fast and clever boy. His
work here was purely exhibition and was
defensive. he making no attempt to
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01

would be retained The Trades Council
is not in the habit of taking snap
Judgment nor has it done so in this case,
Mr. Chandler may or may not be a
competent engineer Judging from re
mark we heard him make on the wit
ness stand in Judge Shelters court in
answer to a query OF Attorney Ralph
Bell as to his occupation in the French
Laundry. I'm the guy what pulls the
levers" we should say that he is very
rompetent-so competent that his ser
vices are entirely wasted in an establish
ment as humble as the French Laundry.
That is neither here nor there. We be
ieve the engineers to be Justified in
their action and will back the Trades
Council in theirs. There is no particular
animosity in the case. Mr.. Durr has an
nounced that he will run an open shop.
The president of the laundry workers
union is responsible for the statement
that Mr. Durr stated that any employees
that wished to stay with the union might
get their time, SO the gauntlet was
thrown down to the laundry workers
union as well REGARDLESS OF THE
FACT THAT THE LAUNDRY WORK
ERS HAD RESPECTED THEIR
AGREEMENT AND HAD BEEN eau
TONED BY THE COUNCIL NOT TO
ATTEMPT TO PULL OUT THEIR
MEMBERS UNTIL THE EXPIRATION
OF THE PRESENT SIGNED AGREE
MENT.
We are not surprised to hear the
state ment made that the majority of
the French employees have elected To
remain with the company We sur
missed that on a showdown that would
be about what would happen. when, on
the witness stand in the eight hour case
brought against Mr. Durr some little
time ago several of his employees on the
witness stand could think of nothing tc
say but mine to six" "nine to six" be
ing interpreted to mean that the com
planning witnesses lied when they swor'
they had worked over eight hours.
We are not rejoicing that Mr.. Durr ha'
seen fit to take this positions; we woulC
whole lot rather be on friendly termi
with the French Laundry Co. than other
wise, but if it has got to be "scrap'
why ''scrap" it is.
And that is about all the space we car
TO give to the French Laundry eithe
now or in the future.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01
BALL FANS
WAKING UP
THE APPROACH OF SPRING
rs AROUSING INTEREST
AMONG LOCAL SPORTS
HEALY WILL PUT STRONG
TEAM IN THE FIELD.

an the spring the true sports fancy
lightly turns to thoughts of baseball, '
to slightly paraphrase an old saw. To
ninety per cent of us there are only two
seasons of the year: The season in
which they play baseball and the season
in which they don't. This year we are
promised the real thing in the national
pastimc. Robbins park has been leased
by Jack Healy and is TO undergo a com
plete transformation. A new and com
modious grandstand will be built and
the location of the diamond changed.
That short right field will be done away
with and both inner and outer gardens
hettercd. This year the fly chasers will
not be compelled to risk breaking their
necks over stumps and boulders. A sec
ond practise diamond will also be laid
out
Healy is gathering together an aggre
cation of ball tossers that will be hard
TO beat outside of the Northwest league
and they are expected to clean up most
of the amateur teams in this part of
the woods. Iealy isn't afraid to spend
his money as last year will testify, and
if the fans will do their part he will
give them the kind of ball we used to
have dished up to us every Sunday by
Walter Thornton.
Manager Edney has a strong prospect
i've lineup for his retail clerks this year
and hopes to better last years record
when they won majority of their
games and on foreign grounds at that
They will have the benefit this season
of Healy's second diamond for practice
work and this will aid wonderfully in
perfecting team work right from the
start, One or two home dates will be
played by Manager Edney but the ma
ority of games will be away from home
1t is rumored that the Moose will
again have team in the field but we
have no authentic knowledge as to its
truth. If they again take the field Ev-
| erett will be well fixed for baseball con
| tenders.
just little over month now before
we begin to tell the umpire where to
get off at and yell at Singleton to get
'em over" Shall we gather at the ball
park?
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01
The Evils of Low Wages.

"Any business that cannot exist ex-
cept by the labor of underpaid employ
eeS" says the Rev T. A. White OF
Chicago. fought not 10 exist, and soci-
city would be better off by far by its
Il .scon inuance. Between living
ware and an insufficient wage some
one has to pay the difference. The
emp'ovees pay It in ruined bodies
sometimes in ruined souls. ana society
makes up the balance in jails hospi-
tails AMI tuberculosis saniioriums. A
decent citizen ought not to be willing
10 get rich ri the expense Of the bod
les and souls OF defense ess girls.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01

A PUBLIC PROTEST. MEETING will be held in Liberty
hall Rockefeller next Sunday afternoon at 230
o'clock under the auspices of the joint socialist locals of this
The outrageous and highnded methods of the civil
and military authorities of Lawrence, Mass, in attempting
aid textile mill beat their employees into abjec
submission will be the subject discussed at this meeting
speakers members of the party have been engaged
Folsom of this city, eXpresident of the international
Shingle Weavers Union will preside the meeting.
freew offering will be taken for the joint benefit of the
Lawrence strikers and the Muscatne button workers Re
gardess of your party aiaon whether you belong to
any labor organization should attend this RO
TEST MEETING. There in this country for such
depicabe police methods marking the Lawrence strike
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01

John Fl. Schively, state insurance
commissioner, also has his hat in tho
ring" and will make an active fight for
reelection. Mr.. Schively states that his
office took in 100000 in 1911 $2S6,0O0
of which was clear profit to the state,
Mr. Schively is well aware that the Hay
Perkins Wilson combine will bend every
effort to defeat him but is confident
that he will win out nevertheless.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01

Deman the UNION LABEL.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-03-01

TIE LABOR JOURNAL
Is the official organ of the Trades
Council, and is read by the labor
ing men and women of Everett.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-12-23
FRANCE LEADS IN
AVIATION WORLD

Washington, Dec. 28.TTThe United
States, the home of the first heavier
than-air flying machine, is far behind
other nations in military aviation.
This is the assertion of Captain Wash
ngton Chambers, chief of the navy's
aviation corps, who is devoting his
entire time to the science. He says:
France leads the world in aviation.
A short time ago, in response to an
inquiry of the minister of war, over
1900 officers signified desire to learn
aerial navigation. Germany leads in
aerostation, but is making great prog
ress in aviation also. France has
eight dirigibles, Germany 80. The
number of aeroplanes possessed by
each is rapidly increasing, but France
probably will possess $50 before the
end of the year, the ultimate aim be-
ing to have 1000. France leads with
total appropriation of $6,400,000 to
date and popular subscription of 81.
G00,000. Germany is second with an
appropriation of s1,5O0,0OO and a pop.
ular subscription of $750,0GO. Next
/ comes Russia, Great Britain, Italy
Japan, then the United States"
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-12-23
MEXICAN REBELS
GROWING BOLDER

Washington, Dec. 23.-Revolution-
lists appear to be growing bolder, as
they see the ease Of evading pursuit
or capture by the Mexican government,
according to a statement to the state
department Reports indicate a renew
a. of rebel activities in the states of
Morales and Purbla and increasing dis
orders in Zacalecas and Durango.
FL Paso, Texas, Dec. 23.-Refugee
federal soldiers arrived yesterday at
Juarez to report that the 250 federal
irregular troops garrisoning Ascencion
practically were annihilated Wednes-
day when rebels attacked the town,
which is about 20 miles southwest of
Juarez.
The attack was made shortly after
midnight and fighting continued only
for a few hours The garrison COM
mander reports by letter to General
Trucy Aubert at Juarez that he knew
of only 10 of his men escaping besides
himself He is hiding at a ranch, he
writes.
The fate of $50 regulars at Guz-
man, nearby, is not known, but it is
believed the town was taken by rebels
before the attack on Ascencion
The rebels were commanded by
General IneZ Sa1azar. The revolution.
ists are reported as mobilizing at the
captured town.
General Jose Blanco, with 500 fed.
eral troops, is moving against Ascen-
cion from the Casas Grandes district
to the south. A train bearing sou
regular cavalry of the Seventh regi
ment arrived last night at Juarez from
chihuahua and will 90 early tomorrow
against the rebel mobilization.
A battalion of regular infantry, it is
stated officially, is moving from the
west against Ascencion, forming a
pocket in which it is hoped to traI
the rebel force, which the federals now
admit numbers some 1900 men. Rebe
agents at FL Paso say that Genera
/ Pascual Orozco, Jr., is in the fielC
with more than 1000 men.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-12-23
AUSTRIA IN LESS
MILITANT MOOD

London, Dec. 23.-Further relaxa-
tion in international tension was
brought about today when Austria
Hungary informed the other European
powers il considers the Balkan diff
culties approaching a satisfactory So
luton This is the result of Servia' S
apology for an incident connected with
the treatment of the Austrian consul
ate at Prisrend and the acceptance Of a
proposal to give it port facilities on
the Adriatic without territorial pos
session.
The peace conference resumed sit
tings this afternoon. The peace en-
voys were in session only an hour and
a half They will not meet again until
Saturday The Turks did not insist
today on revictualling the fortress OF
Adrianople.