Daily capital journal. (Salem, Oregon) 1903-1919, 1915-12-28
.SCHUCKINGYS. YOUNG
HOP CONTRACT HELD
VALID BY SUP. COURT
Supreme Court Passes Upon
Three Marion County Cases
Affirming All

that was tried out before Judge Kelly
in the circuit court of this county and
the judgment of the lower court was
affirmed. The main point OF conten-
tion in this cast was about certain
hieroglyphic made in the form of two
parallel lines crossing two other par
allel lines or, as it has proved, was
one of the ''double erosses'' so often
referred to in everyday language. This
little double cross was placed after the
number 25,O00 and Mr.. Schucking main
tanned that it meant ''pounds" when in
a hop contract. Justice Mcbride ruled
that when it was in front of a numeral
1t meant number but when placed
after the numeral it universally meant
pounds.
According to the testimony in the
case Schucking contracted in Decem.
ber 1912, for the delivery of $4,000
pounds of hops from E. NJ. Young at
IA cents per pound. 1t happened that
in October 1913, when the hops were to
be delivered that hops were selling from
y to "a cents per pound and the testi-
mony shows that Young refused to de-
liver, and told Schucking that the con-
tract was no good at ISL said Mr..
Schucking and then the case was
started. Schucking sued for $2250
which he claimed he lost by the failure
of Young to deliver the hops and Young
held that the contract did not compel
him to deliver as it did not call for
25,O0O pounds of hops but for $4,000 OF
those hieroglyphies in the form of
| double crosses.
The jury in the circuit court awarded
Mr.. Schucking a,judgment in the sum
OF $lI5O and costs against Young and
Young appealed to the supreme court
Attorneys John A Carson and Oscar
Hayter represented the appellant and
John II. McNary and Roy +. Shields ap.
peared for the respondent.
Another Marion county case which
came up in the supreme court today was
that Of George Evanhoff against the
state Industrial accident commission
This was an action brought by the
plaintiff, who was an employee of the
! Bridal Veil Lumber Co., attacking the
constitutionality of the act AUTHORIZING
the establishment of the commission
Evanhoff's attorney discovered 10 al
legged violations of the state constitu
ton and four alleged violations of the
constitution of United States in the
act founding the commission. Justic,
Mcbride, however, ruled that the al
legged violations were misplaced and al
were variations Of one or two that wer,
over ruled by the supreme court.
This case was tried out in the circuit
court of this county where Judge Gallo
way ruled against the plaintiff and hi
decision was upheld by the suprem,
court. Evanhoff complained that h,
was entitled to at least $4,000 bu
Justice Mcbride stated that under h,
old sysem of personal suits that abou
one man in three secured damages an,
the other two received nothing. A
present, he said every man was assured
of some compensation when injured an,
that the law was approved by the peO
pie of the state by vote Of about tw,
to one.
L. H. McMahan Wins His Case.
The supreme court upheld the decision
of Justice William Galloway in III,
Salem'Fairfield Telephone company cas-,
against l.. II. McMahan. This was ;
suit brought to restrain the alleged il
legal use of telephone line and tn
decree of the lower court was that tn
telephone company should be enjOine,
from adding more customers to the line
In 1898 telephone line was con
structed northerly along the count
road from Salem for distance of abou
10 miles by W. II. Egan and Others
With their consent branch line wa
built known as line No. by thre
parties, one of whom L. II. McMahal
afterwards bought out, An attemp
was later made to consolidate some o
the lines as the poles began to decay an
by laws were drawn up but it appear
that the agreement was not entere
into by any of the original three O.
Line 6. After the consolidation Nc
, Mahan refused TO recognize the law
Of the company as he did not entor IN
| to the agreement and continued to pa,
, his share of the expenses by way 0
. donations" not admitting the righ
: of the company to assess him. One o
these donations the company refuse
and cut his phone off from the lin,
McMahan put II back aud 1t was agai
cut off and then the suit started
i The supreme court held that NJ,
Mahan was entitled TO an undivide
one'third interest in Line but that h
must pay his ratable share of the eS
penses Of operating three party lin
and the telephone company is enjoine
from adding other parties to the thre
. party line. However the telephone con
pOny is entitled to put up other wire
, ON the poles on line 6 TO supply othe
customers that might reside in this r,
ritory.
In the Portland Jitney case the ~
. preme court held that jitneys may b
regulated and that the city council ca
legally pass an ordinance TO which
I attached an emergency clause II IL
shown that an emergency actually es
! lists.
The other opinions handed down 70
. low:
Riddle state Bank versus J. A. Lin
and Others, an action ON q promissor
note, appealed from Douglas county
! opinion by Justice Benson, affirms d,
cision Of Judge j. W, Hamilton.
City Of Portland versus America
Surety Co., appealed from Multnoma
county, Judge II, Il. MeGinn. Modifie
( by opinion Of Justice Burnett
] L. Hanna against Alluvial FAR