Newspaper Page Text
m Ml m
0 w i rnrfr nil) Mwhu Full Leased Wire Dispatches Today's News Printed Today ON TRAINS AND NEW PRICE TWO CENTS stands, nvB cxiras thirty:seventh year SALEM. OREQON. TUESDAY, JULY 7, 1914. SDSPECTS ENCHEVY OF AXE Chicago Assistant Chief of Police Seeks Man Once Deported THINXS HE KILLED A NUMBER OF FAMILIES Points Out Axe Murders Al ways Occur at Certain Stages of Moon Chicago, July 7. Bloody imprint of fl hand on the handle of the axe with which Jacob Meslnis, his wife, their daughter, Mrs. Julia Mansfield, and the hitter's daughter, aged 2 years, were fdain at Blue Island, today wa3 photo graphed by the Chicago police nud sent to the authorities of all middle west cities and towns. Assistant Chief of Polico Schuetler assumed personal charge of the case today. He thinks the murders wort , I BULGARIAN 1 committed by Galosko Enchevy, an in-(the fact that the San Francisco Bui Dane Bulgarian, who confessed to the j lain, which has been among the gov- liutchery here of Mrs. Jennio Clrghorn Enchevy was deported but recently re turned to AmerUn, "Since Enchevy has been at large," fiaid Scheutler today, "he has been pending me threatening and boastful letters. I am convinced that Enchevy is the fiend who has been traveling in the west for years, killing whole fam ilies. "Axe murders always seem to occur just after the change of tho moon from the last quarter, at a tune when alien ists say congenital Lunatics are most af fected. The , Blue Island murders oc curred on Sunday night when the mur derer presumably was a.'.ting under the impulse of religious excitement." The police today were also tracing the movements of Mrs. Mansfield's hus band, who deserted her two years ago, and also those of a former tcuant of the house in which the murders occur red. BERKMAN PLANS FDR MONSTER MEETING I He Claims Bombs Were Planted by1 ...... , 1 Order of Capitalists and Is Trying; to Stir Up Bitter Class FeeUng. ! ' , I New ork, July 7. With the police i .pi..,! mug ro prevent it,- Alexander Berkman was pushing his plans today for a monster meetiug in Union Square Saturday in memory of Arthur Caron, Charles Berp, vharles Hanson and Marvi f'U.l..- 1. ! It . I . T.l .l a t v,uL-, ne xourln or ju.y!gign 9howing that uU memory j8 sow- by he explosion of a bomb declared j ; , b ut SUJ returning. During the !L?, tVT-t v'f" t0 haVe KCn periods of unconsciousness he mumbles planted bv capitalistic enemies and bv ! . t- . the authorities to have been intended i 1"struct'..ns t0 , hls "lechanician con for John I). Rockefeller. j Jf'""? h,s machine evidently thinking Berkman's view was that the gather-! th? . th,e ?ce 13 J"st bout to begin. ng would be simply a funeral, with', dingley s parents arrived this morn which even the police admitted it was l" f"m their home at M(,dl's,' Cal'" (lonbtful if they would have a right to 1 fornin- interfere, and had not so much as ap-! plied for a permit for an open air: meeting. I The authorities hoped to gain their Southampton, Eng., July 7. Sir advantage, however, through enforce- Tllolllfls Lipton s cup challenger Sham nent of a law requiring that corpses ; roek 1V easil-v tlef?atca Shamrock III be buried within 9ii hours after death ; in a trial rai e here t0lla.v- The cliaI" They will thus be able to compel the le"'cr appeared in new cutter rigging, burial of the bomh victims before f-'at- t ' 'f t.,ti..i urday nnd to break up the I'nion Square meeting, if they please, on tr:?' . ground that a funernl is an impossi unity tnree days arter burial. i o-operat in g with the police, the ,je health department issued an order for 1 $ the four bodies' burial Wednesday. j Mayor Mitchel and the poiice com-, niis.-ioners were in conference relative; lo the best steps to take in the event of an attempt at a demonstration. THREE DEATHS AND NINETY-FOUB ACCIDENTS According-to the weekly report ofl fiabor Commissioner Hoff, there were' 4 accidents in the various industries! of the state last week. In comparison ! with the total number of a cid.nts other weeks, this is the laraest. The! fatalities were J. O. Foulke, killed at Coyote in connection with railroad work; Duke Stahl. killed at Dohle by logging; Claude Beaman, killed in a logging camp -at Camp Creek. QUIET FOLLOWS INJUNCTION. Stockton. Cal., July 7. Neither side to the labor controversy which has been banging fire here for the last two weeks had made any move toward hos tilities today following the granting of a permanent injunction against the cooks' and waiters' union and the cen tral labor council by Judge Norton. There had not been any picketing for fceveial days and the effect of the in junction will not be noticeable. JO'USON OBJECTS TO v'AE-OF ABEREUF Says Ha Must K ; A Just as Any Other Prisoner am. Given no Preference "e WIU be .e. San Francisco, July 7. The Examin er today published under Governor Hiram W. Johnson's signature an ex planation of his reasons for opposing the parole of Abe Ruef. "I do not believe that Ruef should be paroled at this time," said the ar ticle in part. "I insist that he shall be treated just like any ordinary pris oner, neither more harshly nor more leniently. "In behalf of the parole of Ruef, it is insisted that any man is entitled, as matter of right, to a parole after one years imprisonment. It will not sub scribe to this doctrine. It has been asserted that the supreme court has so decided. This is not true. The su premo court simply determined that after one year tlio prisoner had tifc right to make his application, but that his parole rested absolutely thereafter in the discretion of tho prison board. "At the last meeting of the prison board 78 men applied tor parole Ruef among them. None of these had served half his net time. The 78 were all de nied parole." The governor's statement deals some what with those who have criticise.! him for refraining from intervention m fillers behalf, lie fully upholds the. members of the prison boards in their attitude and denies that they denied the prisoner as fair a hearing as any of his fellow convicts got on his application for parole. He simply did not receive extra consideration, the state executive asserts, and this, he contends was exactly right. The statement caused .'onsiderablo comment anions politicians in view cf ernor s most anient supiortres, has been fighting hard for Kuef's release. It has maintained that he did not hnvn a fair hearinir before the prison board. I that he was, in effect, the members' : agents here for some time, were about own personal prisoner on account of to be recalled io make way for agents their treatment of him, that the su- more distinctly representative of Gen premo court ruling was such that hejeral Carranza 's views was reported to- was entitled to parole and that, in stead of receiving more eonsiderit-vi j than other prisoners or even as much as they, he had received less. ;bert dingley may YET PULL THROUGH Shows Remarkable Vitality and His Memory Slowly Awakens Will Be Given X Ray Examination Soon. Tacoma, Wash., July 7. Bert Ding- l ley, automobile pilot injured Saturday when his car went into the ditch at tho race track here, is steadily im proving todnv nd nhvsieifliis nf the hospital where he is a pntient now en- ,rt1B.in nIps.of hi3 ultimate recovery. If his condition warrants, this after- noon ho wi be moved th( x.ray room, where a photograph' of his frnc- tured legs will be taken, to ascertain the full extent of the injuries to those members. DimrW. it was stated, is showin remarkable vitality. He appears to recognize his wife at times and smiles 'f;ti,- l,.. 1, r...... .. .,,1 .,!,., tn i,;, tu: : ,.r.i,i . , THE CHALLENGES WINS. ' .,, ' . "' 7 TlVr x:: 111 ttri . tiTi iu a natter ui 111c jiuil a iuiiv company in Salem, is at the Bligh. AUTO REGULATIONS. Automobile drivers and own ers of all motor-driven vehicles in Malem are given solemn warn ing by the Chief of Poli'e that any violations of the cjty ordi nance requiring such vehicles to go to the intersections of streets before mating turns will be vigorously prosecuted. Several arrests have been made already, says the chief, and he is de termined to enforce the pro visions of the ordinance reg ulating motor-driven traffic re gardless of who it hits. Placards with the provisions of the law are being printed and will be posted in all garages so that auto and motor cycle . drivers mat learn what to do in turning about in the streets. With the growth of the city it las been found necessary to n:ake legulations governing if traffic and to lessen the danger of a cidents. This ordinance, which follows the state motor $ vehicle law, defines a motor $ vehicle a one not moved oy $ muscular power. These do not $ come under the provisions. IHE FEDERAL ARMY III General Maas Notifies Funs ton of Mutiny But He Is Not Badly Alarmed RUMORED CARRANZA CASHIERED ANGELES If True, Villa and He Will Part for Good; 300 Federals Want to Surrender Washington, July 7. General Funs ton telegraphed to the war department today that the Mexican federals about Vera Cruz hnd mutinied and threatened to attack the American outposts. General Muas, their commaner, had notified him, he snid, that in case of such an attack, it must be taken as an outbreak of mob violence and not as having been ordered by nimsclf or by President Iluerta. Funston indicated that he was not alarmed. IF TRUE, IT MEANS TROUBLE. Washington, July 7. That Senores Cabrera and Zubnro, who have been acting ns Mexican constitutionalist dav. This was interpreted as meaning that Carranza was about to enter into negotiations with the Huertistas and wanted to be ' sure that his envoys would enter into no compact he might not like. There was no confirmation of rumors that Carranza had enshiored General Angeles, his former secretary of war, from the army. If he had done so, it was agreed his action unquestionably meant further trouble between himself and General Villa, who is Angeles' close friend. MAY SURRENDER TO TUNSTON. Vera Crua, Mex., July 7. Mutiny among the Moxican federal troops only six miles back from the American lines, was declared today y Henor Campcro, General Carranza 's agent here, to havo broken out and to be spreading rapid ly. Campero predicted that the revolt would reach the capital. His informa tion was brought to him, lie said, by rebel couriers. Ihe American military authorities oelieve the constitutional agent was ex aggerating, iney said it was a fact, however, that 300 federals had sent word to General Funston that they wanted to surrender nnd were prepar ed to march into Vera Cruz nnd sur render their arms. Funston, receiving this news last night, instructed his out posts to watch for the party and not to fire on it. Should there be federal surrenders here, it was said the prisoners prob ably would be interned as at Fort Bliss. Campero tolegraphe" to General Car ranza last sight: "The federals along the railroad are shouting 'viva Carran za!' They wish to join us. I cannot leave the American lines tonight, but go out with the soldiers tomorrow." Huerta'B Officials Skipping. The rebel agent was also authoritv for the stntement that the federal of ficers had enough loyal men left to arrest the mutineers. Senora Mohemo, arriving today from the capital, said her husband, President Huerta 's former foreign minister, wns on his wny from Puerto Mexico to Vera Cruz by water. Instead of going from here to France with the rest of the Huerta nnd Muas party, us it hnd been I expected he would do, she stated, how jever, that he wns bound for New York, j At Mexico City, it was recalled here, Mohena was American Chiirize d' Af. fairs O'.Shaui'hni'ssv's bitterest enemv l 1 I 1 1 ""J'l ur.-! I mil; huh U1C loreitfll the latter j. I minister had heaped studied insults un- ' . . I. : i i. . . . i . . . 1 I PIECES WOULD III REBELS and hating him so openly that ' over 'ue e,,l"''tioii of the thoroughfare ed to negidiute with hi in but'8'"' ''e'lared that a blind man could ?d diplomatic business 'with i tc'" t,iat "'e wor't '0"B was of poor . nnnKl. Tl.nn n..l,uitn.l .1... it n uiiii uuij ; he refused transacte Huerta direct American newspapermen nlso dislik- cd him cordially, describing him as fat, i greasy and repulsive, a regular parti- ! cipant in Huerta 's death councils, the possessor of a record as a killer second only to that of ex-Minister of the In- ; tenor urrutia, a naru unnKer and a bitter enemv of the correspondent's, sir of whom he had sent to prison during : his incumbancy in the foreign office. WILLIAMS' RESIGNATION FILED. i Washington, July 7- Secretary of i $ fetate lirvan laid before the cabinet meeting today George Fred illiams'j , resignation as United States minister I , to Greece. It was said it would be ac-1 $ i cepted immediately and that, in rou- , nection with the matter, President "il- jKOn might issue a statement later. MM) IIJDVUTIT K cst-3 cf I. pBBm 1 Also Plana for Cltjr Doing Its' Own Street Work and Orders Ordinance Drawn for That Purpose. THE DOG ORDINANCE IS HELD UP A SHOBT TIME Market Street Owners Kick at Paring and Protest Against Payment Street Bonds Being Premium. Salem now has an ordinance govern ing the storing; of gasoline within the city limits, as the city council passed such a controlling measure last night. The ordinance as passed carried sev eral amendments to the one originally introduced by the committee on fire and water, and was passed without a dissenting vote. Heretofore Salem iaad no regulations governing the storing of hydro-carbon mixtures such as gasoline, benzine and other influmniablo liquids that will burn under 110 degrees. Buildings for storing these inflammables must be lo cated 30 feet away from others, must be made of corrugated iron, and have a ventilation space underneath of tn least eight inches. Commercial tanks for tho sale of gasoline to the public must be buried under four feet of earth and have patented covers for the pipes or containers, lu cleaning parlors thore must be floor ventilation and suf-! for the past five years ami which hasj mended as assistant in tho homo ocon ficient openings to prevent the colloYt- been before tho Oregon railroad com-! omics department at a salary of ifSO. inir of liases in dangerous nuontities. I mission recently. In his message Mavor James E. Norton, a graduate of Oregon In nil places where onsoliiic is stored. ! no open flame as from air blower, : forge or fire of any kind will be per mitted. Ine ordinunce earned many other provisions for the safety of tho public in the city but the measure has not been engrossed and it is difficult j yet to determine which provisions aro tne law. Purchased a Road Oiler. A resolution adopted authorized the street committee to purchase a Tomer ronu oiler. & oUU gallon tank, a pump,1,! : "1 .it::. . ... , . "Tl '.v' The machine is second-hand and orig inally eost about ipii.'. However, tne city will deduct $l")0 from the $1000 on an account owing from the construc tion company, which will make the price about $!50. Councilman Hatch stated that he ex pected the city would receive $1000 from the Oregon electric soon for work done on the river and that this sum could be used in paying for the oiler. He said that with this oiler the road could be sprayed for one-half a cent per gallon, which was cheaper and moro enduring than the dry macadam, which cannot stand automobile traffic. In connection with this tho council grant ed tho street committee authority to purchase a 40,000 gallon car of IXL bitumen from Seattle for about 16 cents per gallon for the reason that Ihe stuff was needed and also because it could only be bought in small quan tities for 32 cents per gallon. It has been found necessary to repair State Btreet, part of Court, Twelfth and some others. The lank will last tho city about two years. Ine bnl for constructing a cement i of tho world, went into the ring a short chins head buck with four straight alley in block 4 was awarded to the ender in the betting here tonight to do- left jabs without a return. Ritchie Arenz Construction company for! fend his title against Freddie Welsh, bored in, trying for a swing, and land HI 1.52. ' . This fact, however, worried the Cali-ed heavy left to Wolsh's jaw at the The payroll for tho street depart- fornian but little. lie entered the ring gong. Tho punch jarred the Briton, ment was adopted nnd ordered paid. ; smiling anil confident although thejlt was Ritchie's best round. Tho city engineer reported that $111,000 i Englishman was six to four favorite. I Round 5 Welsh opened the round worth of work has been done on JtTV j The arena was packed. As the hour! sparring, obviously counting on Btnck street and recommended that 75 per (for the battle approacehd affairs took i ing up points on Ritchie, who seemed ccn of that amount be paid the cii-1 on the color of a society event. Women to bo getting the range and landed tractors. Tho sanitary inspector's re- in evening gowns, members of the j hard left to the jaw and followed with port for June was read and adontcA. nobility ami scores of prominent men a right swinir to the bod v. Welsh dime.. About IS sidewalk resolutions were read and adopted. A resolution authorizing and instructing the city attorney to draw up an ordinance submitted to the people to authorize the city to improve ts own streets was read and adopted. Dog Ordinance Held Up. Till lint It mn nrnti'hifi ta o ttu i nut t It a dog ordinance ..' pasted by the council a,.d asking tnat the matter bo referred to the people at the regular city elef ro,)P!(. Welsh was also given an en- i "VA . , ' J Ti .,' nth,,n'',"lJ tion in December, v.as read and placed ' thiiMastic reception I ' ,'.x' n l"'r'1 '''ft " )aw f"re" on file. The measure was signed by; Bound V. ed him to brenk ground ami Ritchie George U. Rose and 74li others.' As The men shoolf hands cordially ! '''l'"' "''vantage landing niter the petition was signed by the requis. ; they stepped back to their coiners. At ; ""tP ''' tfl "ml llt8 ,0 h" !""' V'1?11 ite number of names and filed within : the gong each bounded out briskly with ,l,,""Mlt;"1 a rally near the close of the tho requisite number of days after the the evident intention of starting hos-'r""n' ' "'''''" E"t through his passage of the ordinance, tho filing tilities in the. other fellows corner, i w,,h " '"iri1 ll'tt- Jt WUH "lt" oneiateil as a stay, anil the bill is c ! Thnv ,.,nt in ih ml,l,IU f tha ri,.r ' ''""' " round. cordingly held up. Jlarket street property owners pro- tested to the council bv means of a petition that the surface of that street lias not been finished according to the1 specifications. They were up in arms! quality. They protested against the (Continued on page 2.) The Weather 8 n d Ton ight IT OUGHT To ) BeuVELltNOuHii Wednesday partly cloudy, probably showers; coo ler THISYfAfi WTH THREE BIG Wednesday exeept iiAur tho const- lEUUf. southwesterly winds. , 9 . WATER I m Sends Special Message to the Council in Which He Points Out Conditions BONDS ARE VOTED AND CAN BE SOLD Deal Can Be Consummated If Water Company Will Ac cept the Old Offer One of the important things that came up at the meeting of the Salem council last night was the reading of the special message of Mavor B. L. Steeves regard ins tho Salem water problem, which has been hanmnc fire: Stqeves reviews the status of the j municipal ownership of the water plant and asks that the council grunt him power to appoint a committee to con-j tiuue the investigation and re open negotiations with the water company on : tne old P'8" that was advocated several ' years ago As there was no oii.jectlon to the ap pointment of a committee the mayor announced the following as members:;"1 i" tu. Councilmcn Houthwick, Minton, and! Tlu'r0 nr. .yt t h i-to grado positions i... mi ... ...mi t n nml nnn tr noi tm lull ! t vinitim In nn Sin ? , . h of Mavor Stoeves that such construe-1 tive work as the acquiring of the city ' water plant be accomplished during1 his ailministrntion, if it is possible, This move it is believed will be ro- (Continued on page 3J Welsh Wins Fight on Points m Redhot Battle With Ritchie (By Ed h. Keen.) Ringside, Olympia, London, July 7. I Willie Ritchie, lightweight champion i"oni-ui. ii mm 1-amiiui.uii iuni , oa out or range und muuo Ritchie miss at least 800 women were among the : two heavy swings. They mixed in mid spectators. , rig and Ritchie drew first blood with The Rer. Boudier arrived at the an ()Verhaiid right which connected arena early and took his place near,vit), Freddie's eve. Welsh tore in, Referee Eugene Corri. He acted as fori.jn(, tlc champion back with a rain master of ceremonies. It was esti-: of hrt nrin blows to the stomach and . n-i . t maieu tn.it at least .'- clergymen were nu b"rH 0W. a d 1 Zve R "hie: ., """"'i '""-I '" I ""Ij, . "i i, . I,,l,, f :llie. '!. 'lriv"'K ''ddie '" with a : Welsh led first with a straight left which Ritchie blocked, and they; clinched in tuidrinir. Ritchie broke , ; away and swung his right. Welsh step- ped insido the swing and they clinched, On the break Welsh sent in three short arm jabs to the champions sto ' fore Ritchie Straightened Vim I a right swing to tho head. W ....I In .Inu. A I M I .. -lint stomach be- up with elsh steii ped in close and again shot a short left and right to Ritchie's stomach. They sparred and Welsh ended the round with a hard left to the head which rocked Ritchie. Welsh's round. Bound 2. Welsh rushed matters in the second nnd landed light lefts and rights to Ritchie's jaw without a return. ! i Ritidiia rushed and ran into a heavy' left to the jaw. Ritchie, swung right ! inside and peppered the champion 's : ror Welsh 's head but Freddie steppel j midsection with short arm punches.! u: L..1 ........... 1 nf tl.n Vw.l! ! Welsh's round. Round 3 Ritrhie forced matters at tne opening of the third but wns wild, ' tin ....... .w. I..ff .r W..lll V "ill".' hll He swung left for Welsh 'sv jaw, but Freddie stepped back and the swing wns an inch nway. Bound 4 Welsh swung left for Rit- SCHOOL BOARD MEETS WITH NEW PRINCIPAL Minor Business Attended to and Com-.- plaints Heard One Appointment Made and Others Being Considered. The school board met last night in the superintendent's office with six members present. With the report on finances all bills were allowed. Sealed bids for the year's wood supply were opened. Among the nine bidders the Spanlding Logging company presented the lowest bid for slab wood, and a com mittee was appointed to investigate the quality of the wood. The janitors of the schools have ask ed for some dry hard fir and the board will endeavor to meet that want. Chairman Niles said that a complaint had reached him from Mrs. Robaon, president of the Parent-Teachers' asso ciation, which stated that boys had keys to the Lincoln school and that they went iu and out the building at all hours of the night, smoking cigarettes. Other members of the board stated that reports had reached thorn that children were playing on the fire escapes and in tho corridors of school buildings; win dows at the Englewood school were broken ami that young men and girls were seen at late hours in the Grant school. The accusations were strong. The building and grounds repair com mittee wns instructed to purchase Yale locks for the heavy doors and bolts for the other doors. The matter of appointing tenchors was taken up. Miss Marie llofer, a graduate ot tno u. A. C, was reeoin- Agricultural college, was recommended as n teacher in the commercial depart ttient of tho high school, his salary to be fixed by the board, Tho matter of long servico teachers who havo petitioned for more salary was brought under consideration, ami superintendent Miiott suggested that a sciiedulo of salary increase according to t rici.MU'.v or teachers bo provided for m ,imJa Bt wrk determining methods of effi- eieney and economy. A solid, pernia- -'- l'vl'ey will oe adited-.nd adhered to, There being no further questions for settlement, tho meeting was adjourned until Monday night, July 13. cliio's jaw, Ritchie countering with a j httrl left swing. Ritchie again landed right hard to face. Welsh sent Rit- t()()k , f()r th(, rm,( Round 7 clsh swung hnrd right to i J"w """ unempte.i to nox. Freddie repented with a right to the i Jnw """ '"''y clinched. Welsh had all the better of i in tho clinches, Ritchie being unable to protect his stomach from Freddie's short-arm jabs. Rjtcli 1 swung hard right but v.'elsh countered - ! with left to head and danced out of range, rlic Briton s boxing complete ly outclassed Ritchie. Welsh 'g foot work wus marvelous. Welsh 's round. Round 8. Ritchie swung into a clinch and: Welsh imemdiately resumed work on! recover money judgment for protes tho American's stomach. Welsh drove! sional services, affirmed. Ritchie back to the ropes with a fusi- lade of rights and lefts to the stomach. Ritchie swuni? left to Freddie's hen, I but the Webrnnaii was going away, Ritchie rushed in and in a clinch was worsted as ho attempted to fight away, Welsh's round. DnnnJ Q Kitcnie resinned his right swings ror Welsh's head. Freddie ducked tho j wild ones ami stepping in close swung right and left heavily to Ritchie's ja.7. Ritchie attempted to rough matters and the crowd hooted. Ritchie held in a clinch and the crowd booed. As they DECU SO SILLY THAT IT PROBABLY IS VERY GOOD LAY Supreme Court Holds Nuis ance Can't Be Anticipated or Prevented AFTER CITY SPENDS MONEY FOR SEWERS It Can Be Enjoined From Us ing Them and Courts Can Then Decide The city of Silverton may bo permit ted to construct its sewer and empty sewage into Silver creek, according to a decision handed down by the su preme court this morning. The su preme court reverses Judge Gnlloway nf the circuit court for this county. The 'suit was brought by the state board of health, consisting of Andrew . Smith, C. J. Smith, F A. Pierce, Al fred Kinney, W. B. Morso, E. B. rick el und Calvin S. White, agninst the city of Silverton to njoin :' u.. . tying its sewngo into Silver 'creeK. Silver creek flows through a thickly populated agricultural soction and its waters are used for watering live stock. Judge Galloway gra.ntod an injunc tion and tho case wns appealed by the city of Silverton to tho supreme court. Justice Eukin wroto tho opinion with Chief Justice McBrido, and Justices . McNary and Ramsey concurring, jus tice Bean not sitting. rli writing his opinion, Justice Eakia quoted: ' . "Injunction is a proper rcmody to Can Only Act After the Tact. abate a nuisance, but it is not every 1 case in which it will bo granted in the first instance. If the discharge of sewage into tho stream docs not consti tute u nuisance, an injunction will be rofiiBcd. And in view of tho public necessities involved, tho court will be slow in granting tho injunction if any other form of relief is available. The injunction will also be refused- if tho nuisance is merely anticipated. The opinion continues: "Again it is noteu thut the authority docs not justify ar bitrary action; that" if tho property does not constitute a nuisanco, the board has no power to interfere with it. The plaintiff has not established the fact that a public nuisance has been created, and is not entitled to an injunction. The case is therefore re versed and the suit dismissed." Judge Oulloway held that it would not be necessary for the city to first c .nstruct its sewer outlet to the banks of the creek nnd granted the injunc tk.n to prevent a m'edlefs expenditure cf n eney on the piH of tho city in c:ise tie sewer cou'd not be used by t'10 city. Appellant Pays Costs. Another suit appealed from Marion county was that of W. F. Mil er against George N. Beck, a suit involv ing the opening of a streot. The de cision of Judge Kelly in the lower court was reversed and the case re manded. A small case showing the intricacies of the legal machinery of the country wns that of II. E. Nicholson, of the Interior decorating company against Fred Newton, appealed from Clatsop county. In the justice court where this case was first tried, .nn-nuiwn K" a judgment for l against Newton. Newton appealed to the circuit court ami was given five days to file an undertaking. The undertaking was not tiled within tho time limit but Newton appeared in court with, witnesses costing .'S!.00 to try tho case. The judge overruled the motion of New ton's attorney and denied trial as the undertaking; "was not filed within tho time limit. Newton then appealed to the supreme court and asked a judg- i ,m,t for the sum expended to procure ! hi, witnesses iu the circuit court. As the witnesses were neither needed nor used the supreme court decided that "A man cannot eat his cake and have it" so the judgment of tho lower court was affirmed and the appellant must pay costs. 1 " The other decisions were as follows: William Horsfull vs. William Logan, appellant, appeuled from Coos; suit to John Meramlas. administrator or tno estate of John Thalasinos, vs. L. B. Watt is Sc Co., appellant; appealed from Iane; action to recover damages for death of plaintiff's decedent, affirmed. First National Bunk of North Bend, appellant, vs. W. W. Gage,, sheriff of Coos; suit to enjoin the sheriff from selling certain property under execu tion, reversed. T. K. Anderson, administrator of the estate of II. A. Williamson, vs. Emma (!. Robinson, appellant; appealod from Josephine; petition for rehearing, denied.