davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26
CIVIL WAR VETERANS
FIFE AND DRUM CORPS
Two Of Them Played at Lin
coins Funeral Played for
Boys Last Night

Two veterans of the Civil war, who
played drum in fife and drum corps
at Lincoll's funeral in Springfield,
ILL.,, greeted the soldier boys on their
return yesterday from Clackamas. Al.
so another veteran who played for
Lincoln when he visited the army of
the Potomac at Petersburg.
They are members of the Oregon
Veteran Fife and Drum corps now
camping at .Ae state fair and felt the
call of patriotism on learning of the
boys arrival.
w. H. Brooks, one of the drummers
VINO played at Lincoln S funeral who
lives at Newberg, is 10 years old and
saw service in the l4th Iowa, company
T.
j. S, Vaughn of Tigard is the other
drummer who played at the Lincoln
funeral at Springfield. He served in
company E, Fourteenth Iowa.
E. B. Grant of Oregon City, who
played Hail to the Chief when Lin
eoln visited the army at Petersburg
volunteered in company H. of the 1929
New York.
Other members of the Oregon veter-
an Fife and Drum Corps now playing
at the state fair each day, are:
T. M. Kellogg of the First Wisconsin
cavalry. He was in the regiment that
surrounded and captured Jeff Davis.
Mr.. Kellogg lives in Portland.
c. A. Stockwell is a veteran fifer,
and served in company X, of the SD
Illinois. He was in the charge of Fort
Donaldson.
j. W. Chase who served in company
A, of the 26th Wisconsin, as fifer dur
ing the Civil war, spent part of his
time in Libby prison where he was a
member of the Libby prison drum corps
He lives at Wilsonville.
w. H. McClelland of Oregon City
served during the war in company G.
l4lst Ohio, part of the time as fifer
He went through all of the battles in
which the Army of the Potomac was
engaged
John Kelley, who beats the drum is
the Baby" of the Oregon Veterans
Fife and Drum Corps as he is so years
old and has been in the regular army
since 1858. He played at the Oregon
fair with the Washington guards in
1864 and has been here with the corps
every year. Mr.. Kelley knew General
Grant when he was in the regular army
in 1854, at the time Grant resigned his
commission with the regular army.
The Oregon Veteran Fife and Drum
Corps was organized several years ago
with 25 members. Now but IA are liv-
ing, and only eight were able to re-
port for duty at the state fair grounds.
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26
Salem Day Tomorrow
! Will Close Many Places

Wednesday is Salem day at the state
fair, and as the Salem folks are sup
posed to be patriotic enough to all at
tend, there will be little doing in the
down town district.
The postoffice will close at noon and
there will be just the morning deliv
cry of mails.
All banks and stores have also signi-
fled their intentions of closing at II
o clock in order to give their employees
an opportunity to get in on the after
noon program.
The public library viii also be closed
for the afternoon. King Bing Deckebach
rs making strenuous efforts to have his
vassals all turn out in uniform, but as
the vassals have not been overly anS~
ious to appear this week, it is not
known whether the boosters will turn
out in. force strong for Captain Dick to
put them through that famous military
Marshfield drill.
Anyhow, do your shopping early.
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26

IGNORING Mr.. and Mrs Elmer t
II Ludden. who are leaving soon tC
= = make their home in Grants Pass
Mr.. and Mrs. w. Connell Dyer will be
hosts tonight for an informal dinner.
Their guests will include a coteric
of the younger married set, who are
the close friends of the Luddens.
Mrs. Mary Gallentine, who has made
her home in Salem for several years
left today for Clayton, Kansas, where
she will spend the winter. Mrs. Gal
lentine owns a large wheat ranch in
Kansas and is going east to look after
her interests. She was accompanied as
far as Portland by her daughter, Mrs
Hettie Strobe of sos North Twentieth
street.
Mrs. L. N Roney of Eugene is the
house guest of Mrs. George H. Burnett
Later in the week Mrs. Burnett will
also have visiting her Mrs. Mary Pin
ney of Boise, Idaho.
Mr.. and Mrs. w. Melvin Plimpton
and children, Sherman and Janet, re-
turned Sunday evening from few days
visit in Portland. They accompanied
Mr.. Plimpton's parents, Mr.. and Mrs
W. w. Plimpton, who motored back
again this week to be their guests 1oi
the state far. Later In the week the
Piimptons viii also have as tneir house
guests mr.. and Mrs. Harry Ierry OF
Portland.
Mr.. and Mrs. Joseph Speeckart OF
Olympia, Washington, who have been
the guests of Mr.. and Mrs. Paul
Schmidt for couple OF days returned
to their home ON the Sound this morn
ing.
MIR. and Mrs. Clarence ). Hamilton
will entertain as their guests for the
fair this week, Mr.. and Mrs. Carniff,
Mrs. c. M. Ogle, and Miss Eva Cox of
Portland.
Northrup Waters, son of Mr.. and
Mrs. Frank Waters of Portland, who
has been visiting his grandmother, Mrs.
IL. Il. Waters, for few days, left Sun
gear at the Oregon Agricultural col
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26
SO c IE 7 Y
MISS ALINE THOMPSON

Ebert Thompson during the week will
be, Mr.. and Mrs. G. j, Frink and son OF
Philomath, Mrs. W. II. Boles of Benton
and Mrs. Ella Jones of portland
Mr.. and Mrs. Maurice Winters will
be among the Albany folk coming to
Salem to attend the state fair this
week and will be the guests of DR.. and
Mrs. Mark Skiff.
The home Of Miss Adelaide Scriber
on South Commercial street was the
scene of pleasant surprise party Fri
day, when number of her friends
gathered for the afternoon.
The guests were mostly the members
of the. Womans Foreign Missionary So
ciety of the Methodist church, of
which Miss Scriber has been made a
life member, and on this occasion was
presented with framed certificate.
Those enjoying the afternoon were:
Mrs. w. H. Cook, Mrs. II. Ponle, Mrs.
C. A. Clark, Mrs. Jory, Mrs. A. A. Lee
and Mrs. NJ. b. Parounagian.
The Aid Society meeting of the Unit
ed Brethren church of North Seven
teenth street, has been postponed un-
til later date on account of the
state fair, and also on account of the
illness of Mrs. II. r. McWhorter, WAC
was to have been the hostess for the
gathering.
Friends of DR.. and Mrs. w. O. Assem-
will regret to hear that taey are leav-
ing Salem to make their home in st.
Paul, MINI. DR.. Asseln who has been
in the east all summer will not return,
having sent word for Mrs. Assem- to
join him as soon as possible.
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26
PEEL OFF YOUR FRECKLEs

To remove freckles, blotches or any
complexion difficulty, the best thing to
do is to remove the skin itself. This
is easily and harmlessly done by the
application of ordinary mercolized wax
The wax peels off the defective outer
skin, little each day, gradually bring
ing the second layer of skin to view.
The new skin is beautifully soft, clear,
white and young looking. Just pro-
cure an ounce of mercolized wax at
any drug store and use like cold cream.
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26
ENGLISH-NoT AMERICAN

London, Sept. 15-(By mail)-When
copy reader on a London paper wrote
this headline: our homely queen q"
above little article about Queen Mary
he was writing English, not Ameri@..H.
The story told of the queens home ae-
tivities at Windsor Castle.
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26

BALLARD-At the Oregon State In
stitution for the Blind, Monday
morning, October %, 1916, Miss Lena
NJ. Ballard, in her 18TH year.
Accompanied by the parents, Mr.. and
Mrs. w. r. Ballard OF Newberg, the
body was forwarded this afternoon to
Newberg, where buriai will take place
Wednesday afternoon.
The girl came to the school about
week ago from her home at Newberg
and had not been i'll until Sunday,
when she was seized with a sudden at
tack of commissions, dying before med
ical aid could reach her.
BOWM MAN-At the home of her son F,
d. Bowman, at 1894 South Liberay
street, Monday, September 25, 1916,
Mrs. Margaret M. Bowman, in her
s7th year.
She is survived by ,wo sons, F. ID.
Bowman of Salem and G. l., Bowman
living near the city
The funeral services were held this
afternoon from the Terwilliger under
taking parlors, the Rev.. ]. c. Spencer
olneiating. The body accompanied by
the sons will be taken Thursday to Fox,
Grant county, Oregon, for burial.
TAPP--Iu the city Sunday, September
24, 1916, Robert j. Tapp in his 55th
year.
He is survived by wife living at
Gardner, his mother Mrs. Jane Fergu
son, living in Portland and two sisters
The funeral services were neld this
afternoon at 4 o clock at the chapel OF
Rigdon & Richardson with interment
in the City View ceme,ery.
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26
SUIT INTERESTS OREGON

Washington, Sept. 26-Declar-
ing it is the duty of every inter-
state carrier to furnish such cars
as are REASONABLY" necessary
for handling the normal traffic
of which it is a common carrier,
the government today filed its
brief in the supreme court in its
suit to compel the Pennsylvania
railroad to furnish adequate
tank ear facilities for the trans
portation of petroleum pro-
ducts.
The suit is based on the re-
fusal of the road to supply tank
cars for the shipment of pro-
ducts of the Pennsylvania Par
rafine company-shipments be-
ing made by barrel.
II 4 II Y r X X !. Il = 4 4 y u
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26
DODGERS BEAT CHICAGO

X x X X X x x x X X * X x X
Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-26
BY H. G. Hamilton.

Omitted ress staff correspond
ent.)
Ebbets Field, Brooklyn, n. Y,
Sept. 26.-Jeff Pfeffer pitched
the Dodgers to a victory over
the Chicago Cubs this afternoon,
winning his own game from Me-
Connell, 4 to l, with single in
the fifth inning which scored
two runs.
The game was q pitchers bat
tie, Pfeffer giving five hits,
while the Robins found McCon-
nell for six. Bad fielding cropped
out throughout the game and
O'Mara and Knabe were Danish
ed for harsh language.
The Dodgers still lead the
league by less than game.
X X X X X X X X * X X X X X
The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-11-26
Supreme Court Decisions
Appeals Disposed Of at the Weekly Session Of State
Appellate Court
Appellate Court {. .. II !

must be aacertained as OF that time.
- After such vest1ng OF title, the
applicant cannot abandon the use OF
IA part OF tho land taken and act on
against his damagoa the benefit result
ing thcrcfrom to the landowners. The
applicant should ascertain. before pay
ing the money into court, that a less
quantity OF land would answer its
purpose. and then amend It's petition
accordingly. and have tho report re-
committed
"6. In nRcertaining the value OF
land taken. the price voluntarily paid,
by the applicant. to another Iandown-
or for land similarly situated, is prop
cl' evidence 10 DO considered by the
jury. where damages to the residue
are not involved. Distinguishing
Buckhannon md Northern Railroad
Company vs.. Great Scott Coal and
Coke Company, seventy-tlye w. Va.
423.
In asccrtaIning damages 10 a
building, A. IS proper to consider us
actual value at the time OF the taking
OF the adjacent land. and. In order to
ito consider its rental vuluo and the
original cost OF It's construction.
t8. Courts rarely disturb the YER
diets Of jurieB In condemnation pro-
lccedings, II founded upon any reason
liable view or conflicting evidence MS to
what amount Is n just compensation
Ito the landowners.
~. In proving It's value the land
! owners are not limited to the use
which they are then actually making
OF the land taken. but arc entitled to
have the jury consider its value FOR
any purpose for which it Is then reas-
oHahly available
ITO. An instruction which would
have told the jury they could disre-
Rard the testimony OF witnesses. and
/ rest their verdict upon their Judgment
OF what would be a just compensation
! tp the landowners, ascertnined from
! q view had by them OF the premises, II
properly refused
~. Where the land taken cuts or
1.-the wafer previously supplied to {
! building on one part OF the land BIZ
y pipes extending to spring on another
| part the applicant Is not entitled Il
prove. in mitigation Of damages, tina
the landowners. II they had yolun
tartly conveyed either part. would hnv,
4 been under the necessity or granting
or retaining a water privilege.
4 2 Where the applicant has no
/ stated N its petition a sum 1T is vii
ling to pay the landowners. and pay,
into court tho amount Ascertatned b,
4 the commissioners. md thereafta
10th 1t and the landowners except I,
tho report. on account OF the amour
SO found, and demand a trial py Jury
and such trial results In a reduction
/ Of the amount reported by the com
nissfOners, the applicant Is entitled Ii
\ have such excess returned to 1t, an,
neither party Is entitled to cost
IL II s. e + j. z .3gg .
The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-11-26

Z / 4 d x 4
Baltimore and Ohio Railroad Com
pany, We. Bonafield's heirs; Preston
county: reversed, and renanded; Viii
1lnms. president:
a IN a condemnation proceeding
by railroad company to acquire land.
for trackage, commissioners we're ap-
pointed to view the promises and re.
port what would be a just compensa-
ton to the landowners for the residue
After their report was filed, the APP
plicant paid into court the amount as
sessed by them and began work of
construction. and both parties cxccpfed
Ito the report. the appliGan, because
the amount was too much and the
landowners because ST Mas not enough
and both demanded a jury trial There
after and before q trial was had, the
applicant was permitted to file nm
amended petition containing n1imer-
Gus offers. one OF which was il dccIara-
ton OF It's purpose to build and naln-
tain a retaining wall on it's rights OF
way. to protect brick building stand
ing nearby. on a portion OF the land
owners lnnd not taken, and the others
proposing to grant the landowners
certain privileges and easements. The
landowners declined to accept the OF
fers, and, at later term. moved TO
strike the amended petition from tho
tanned, but permitted the applicantto
file, at the trial. written stipulation
that 1t would build and forever main
tain the retaining wall. described In
its amended petition Held: The
4 courts rulings did not prejudice the
applicant and the order fling the
amended petition. being interlocutorr
could properly be set aside at sub
iEsequent term.
The landowners are not bound
to accept privileges and benefits. ten
#dered by the condemnor in mitiEa-
ton. or IN lieu Of damages. which ans
not In the nature Of special benefits
arising from the construction of tbs
contemplated public Improvement.
Where damages accrue to the
residue. on account Of the taking OF 9
part OF the landowners land under
contemplates that such damages. II
the absence Of any agreement between
the#parties, shall be paid only in mon.
ey and such special benefits to the ne.
manning land as results from the con.
EtTuctfon and operation OF the pUblle
In ondemnation proceedings b.
q railroad company, wherein 1t doe:
not al1ege In its petition that it desires
less than 81 fee in the land to be tax
en-, and commissioners are appointed
and report what amount is fair arr
Just compensation to the landowners
and the applicant pays into court tht
amount as ascertained, title. In fec. Il
the land described In Its petition ant
plat fled Herewith as necessary fo1
It's purposes. vests in 1t Immediately
and the landowners compensation
9 IL ii 9 & g. TJ "a
The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-11-26

OF plaintiffs decede1t IN this case. re-
covery would be barred because OF the
consent or acquiescence OF the father
aot the boy. who would be the sole ben
efciary Of any jud gment that might be
recovered against defendant.
Westinghouse Lamp Company vs.
Ingram ct al. Preston county; affirmed
in part, reversed in part, and remand
ed: Mason, judge:
81 "A Judgment debtors real estate
cannot be decreed for sale to pay the
Judgment liens thereon until such real
estate has been properly ascertained
and it appears to the court that the
rents and profits thereon will not sat
isfy such liens within five years
~. a purchaser OF land By parol
contract, which has been so far exc
cuted as to vest in him the right to
compel his vendor to execute the parol
contract in a court of equity, has an
equitable right in said land SO pur-
chased, which a court Of equity will
fully protect against a lien Of s1bse-
quent Judgment creditor OF his ven
dee.
20. When statute enactments do not
interfere, a judgment creditor can ac-
quire no better right to the estate Of
the debtor than the debtor himself
has when the Judgment is recovered.
He takes it subject to every liability
funder which the debtor held It, and
subject to all the equities which exist
I in favor OF third parties; and a court
| OF equity will limit the lien OF the
Judgment to the actual interest which
the debtor has In the estate.
The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-11-26

he has an equity not disclosed therein
Is advertised for sale under decree
entered in suit In which he is a party,
whether brought with or without his
authority or knowledge, and does moth
Ing therein to secure an adtud1 cation
of the equity claimed. will not after
confirmation OF the sale and accept
ance OF tho benefits. be entertained
in an independent proceeding to as
sert such claim against the purchaser
OF the land. His inactivity or negli-
gence operates to estop him.
"3. Acceptance OF the proceeds OF
sale, by party to the suit, operates
as an affirmation that the title has
vested in the purchaser at judicial
sale; and equity will not thereafter
sanction a contrary contention By such
party to the detriment or prejudice
OF the purchaser who paid tho consid-
GRAFTON on faith IN the validity OF the
decree OF sale and confirmation.
"a Trustees IN deeds to secure
creditors and the creditors secured
| are purchasers for value within the
provisions OF our recording acts, and
are entitled to their protection.
IS. Although accompanied by
| possession and Improvements, an IN
I#recorded written contract OF sale Of
t#rcal estate confers no equities super
ior to the rights OF a subsequent pur-
Chaser for value without notice whose
I.deed is recorded, or nm encumbrance
whose lien is docketed.
6. Unless the contrary Is charged,
and, il denied, proved. it Will be as
sumed that trustees and creditors Sc
/ cured by the trust are purchasers with
cured by the trust are purchasers
without notice Of any pre-existent
Icqultics.
~. Where e. court has jurisdiction
Hts decree operates as an adjudication
lof8the antecedent rights OF the parties
| therein actually involved upon the
\ pleadings, and also those which are
Edeterminable therein and ought to have
been presented for adjudication bJ
any party thereto"
smith VS.. smith, Roane county;
slEwrit Of error, dismissed; Poffenbarger
n Judge:
v q. Section four Of chapter $50 y
the code, implicitly Withholding OF de
!. nyIng writ oterror'to Judgment fol
contempt consisting Of nOn-perforn
| ance of. or disobedience to, judg
y ment, decree or order. is limited II
its operation to judgments, DEGREES ant
orders rendered, pronounced and en-
J ter them, and to such valid judgments
decrees and orders rs the court ha'
Y Jurisdiction and power to enforce b,
i process OF contempt
20 Statutory nbrogation OF rem
edy Afforded By general equity juris
prudence. denies to courts OF equity
w power and jurisdiction 70 adopt an
3 use 1t.
20. Sections one and two. OF chap
"a tire I39 OF the code. deny to- courts Q
y equity jurisdiction and power, pre-
} tyiously accorded them by general equI
! .ty procedure. to enforce DEGREES for 5th
Z payment Of money, BY process OF con
* tempt
y ~. Though a decree for alinon
y constitutes d lien ON the real estat
~ or the party against whom it is pro
i nnunced and may be enforced by exc
81 cution. it Is q decree not merely 70
N the payment Of money. but for til
payment Of money in discharge6of tn
! high marital duty Of maintenance
4 7
The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-11-26

where the fact Of the killing was fully
proved, and the guilt or innocence OF
the defendant depended upon the facts
and circtlms tanceg attending the homl-
eide.
- Defendants instruction number
seven. rejected, substantially covered
f By point eight OF the syllabus of State
vs.. Cain. go w. va. $50. should have
been given.
10. The defendants instruction
number 8, propounded correct legal
proposition, and should have been Civ
en- TO the jury pom the principles Erar-
led IN State VIZ. Grayely. Sc w. Va. 3775. \
j. w. Wilson Va. Buffalo GoIlieries
Company ct al, MtngO county: reversed
and remanded; PoHenbarger Judge.
An instrument under seal, des-
tgnating itself conveyance, recitIng
sale OF the timber on a tract OF land
of the party OF the second part to sew
an adequate consideration, and CON
veying the same to him, without words
Or limitation, together with the prtvi-
legc OF using the land for purposes Of
severance, manufacture and removal
thereof for and during q period 81
three years. to which provisions there
Is added clause saying that the
grantee is to have three years in which
to remove the timber and longer, on
payment OF $50 for each additional
year. passes the fee simple title to the
timber; the clauses pertaining to priv
4 llcges and compensation being con
{strued to be covenants. not conditions
! subsequent.
e "A scaled contract recitIng :
| sale and conveyance of timber, for 9
nominal consideration. but not form,
ALLY granting or conveying the same
1 and containing covenants on the par
Of the party Of the 8ccon dpart to scY,
i err, manufacture and remove the tim
4 #her, and pay for 1T at certain prices, IA!
they manufacture II into lumber, Il
mot q deed and does not pass the 1egn
title to the timber
O. Forfeiture OF the title to th,
timber aOnn tract Of land. or.nonentr!
i on he.land books for taxation. canno
4 be nTedicated on mere severance OF TIL
4 title to the timber from the land AM
.IInpse OF time, without a separate en-
try oH the timber on the land books
n since presumptively the land and tim
i her We're taxed together MS one, whe7
81 the severance occurred. and have sine
u been 40 carried on the land books an
II taxed
"a. Stipulated compensation for I'll
use Of land for standing timber an
severance and removal thereof. be
L longs to the owner OF the surface. 4
{ the absence Of any other specific dis
position thereof
\ Marshall vs.. McDermott, ct III, Mas
on county; decree reversed and caus
-rCmandcd: Lynch. Judge:
Il I'll. Upon a party to suit 10 er
-Aforce liens deyolVes the duty to in
" plead therein any title or equity |
4. which he may deem himself entitIe
Il in land sought to be charged; and
d he suffers confirmation of a sale mad
Y. under decree therein, without pre-
II senting his title or equity for adjud
II cation BY proper procedure. and AZ
u cepts the benefit of the proceeds PAL
{! by the purchaser, the latter acquire
II the land exempt from such legal 3
4 equitable claim.
. 20. One who knows land III Whic
q N 1 Il : Z 4