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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Sept. 26, 1920)
THE SUNDAY OREGONIAX, PORTLAND, SEPTEMBER- 26, 1920 MOTHER AND THE DAUGHTER WHOSE CUSTODY IS SOUGHT IN TWO-YEAR LEGAL FIGHT. FIGHT FOR 1 Kirschbaum Clothes Now 'Auditorium Hasp. Decision Is Natural ' Mother Disputes harply Given by Probe Body. Right of Foster Parents. MANY ITEMS REJECTED. CHILD GIVEN UP AS BABY Our entire stock of Men's Fall and Winter Suits including those from the Kirschbaum shops go into this great reduction event. The newest of models the finest of all-wool fabrics the best of workmanship. Reduced as follows: ; Contractor's Statement for $25,000 Damages Is Pared Down to $15,000. Mrs. Xora Alice Baker Kelly De clares She Had Xo Intention of Slaking Surrender Lasting. - 12 5G5.433 ALLOWED ON BUR SGUUM Reduced Claims against the city amounting to $58.745. 61 were allowed Hans Pederson, builder of the public audi f torium, and his bondsmen by the spe cial committee appointed by Mayor Baker, in a report filed with the city council yesterday. Interest for two years, amounting: to $7017.55, was allowed, making: the total sum held to be due the contractor $65,493.16. The committee which prepared the report, a voluminous tiocument covering- all features of the construc ; tion of the auditorium, is composed . of W. T. Masters, chairman: Rlch- ard Martin Jr. and W. C. North. The report spates that on February ' 18. 1916, bids on the construction of the auditorium were opened and Hans - Pederson was found to be the lowest - bidder, his'bid being- $317,400. which waa Increased by changes required by ; the architects to $320,262. : Immediately following- the opening of the bids, the report states that It was found that . errors had been made in Mr. Pederson's bid by his - estimator, who, it is said, was at the ' time in ill health and not in condi ' tion to attend to his business. Two of these errors amounting to $21,525 - were called to the attention of the city council, with a request by Mr. " Pederson that he be allowed to wlth , draw his bid and secure hia certified ; check posted with the city council. The committee reports that relying on the testimony of men who were ' serving on the city commission at the . time this request was made, state- ments were made w-hich led Mr. Ped erson to understand that the city would protect him against loss oc- casioned by matters beyond his con I trol, and Induced hlra to abandon his ' contemplated effort to be released - from the contract, and on March 22, - 1916, signed the contract with the city for the erection of t'na auditorium. Kreotion Cont Shown. The committee finds that tbe erec- tion of the auditorium cost $63,398.77 : ir:ore than the contract price and that all the money received by the con ; tractor from the city on the contract - actually went into the construction : of the auditorium and no money di ; verted to any other purpose. Provision in the auditorium con- tract requiring passage of a special t ordinance by the city council author ' it Ins any change, which added extri ' costs, was not lived up, according to '. the report. This plan was found to : be Impractical and practically all ex- tra work, the report states, was done ' without compliance with this pro- - vision. In view of these facts, the - committee contends that the value : of all extra work is still open for consideration and determination. Claim for loss of $5000 resulting ; from enforced chance of award of the contract for stone used in the audi- torium In order that local stone cut- ters and masons might be employed is allowed by the committee. ; Lo Item Allowed. The committee allowed claims ; amounting to $9250, items of loss which the committee's reports, testl " mony showed, were caused by changes : in the face brick contracts for which ; the 'contractor was in no way res- - ponsible, having made the contract for the brick at the city's direction, under the specifications of and with the parties named by the city. When . the brick waa delivered - it was re jected on the ground of not conform- ? ing to color requirements. Mr. Peder son was then forced to enter into - contract with another firm, causing i lengthy delay, as well as the relay- " .ng- of a large amount of face brick. ."M00 Claim Thrown Out. The committee refused to allow a claim of $5000 estimated due Mr Pederson as the result of general damage to the conduct of the build -f ing as a whole, through dlsorganiza : tion caused by the delay In the de livery of brick. Failure of the city to pay the con ; tractor In accordance with his con ; tract was set Torth by Mr. Pederson as the basis of a claim for $25,000. : The contractor claimed that his credit : was ruined, that the material men ; refused to deliver material without cash payments, and that the morale of the working force was destroyed by the feeling of uncertainty as to " the receipt of payment for their ' work. The agreement referred to required that from time to time, as the work progressed, the architects should pre- ; pare an estimate of the amount of material furnished and delivered, and actually built Into the work, and such estimate ' should be allowed by t the city council, providing that no '. more than one such, estimate be ; passed in one month. Architects Make Error. . The report states that at the time " of entering Into contract with. Mr. : Pederson the city, through Its archi ; tects, made an estimate that the con- tractor would lose 8 per cent of the - cost of the building on his bid, and upon making monthly estimates de- ducted 8 per cent of the value of work . performed and materials furnished. . The architects then deducted a fur ; ther 10 per cent, as was provided in ; the contract, making the payments to - the contractor 8 per cent short of the amount due him. The architects' estimate for Decern- bar, 1916, the report shows, after de- ducting the 8 per cent, was $36,119.58, "r but, according to the committee, for 1 reason not shown, the architects only . certified to the city that $14,400 was - due. This amount waa ordered paid I by the city council January 5, 1917. ; On January 10, 1917, the architects'. - attempting to correct this error, made a further certificate amounting to $9936.65, but the council refused to " authorize a warrant on the ground i that the contractor was entitled to but ; one payment a month. Thus the com- rnlttee finds that the contractor was deprived of the use of $22,119.58, which the report contends was clearly due him. In addition to the 8 per cent. a i.l.ooo Dtium Allowed. j Mr. Pederson sought $25,000 as dam- or the tauure oi me cny to pay mm In accordance with the contract and, ' although the committee states that it t s satisfied that Mr. Pederson suf- " fered material damage by failure of . proper payment, allowance of $15,000 i is made in the report as estimate of ; the amount of damage actually suf fered by the contractor in connec ; tion with the auditorium. 7 An allowance of $5676.75 is made 7.. In the report to Mr. Pederson as the - result of an advance In the cost of eteel." Mr. Pederson the report states. : s&j ' VVd 1 1 ' f f . L-fU t -t '-i I If; V hK A - i If: ih vi ':' , : - If rit , y " J S -'" i li lt . It ' if " ' , , & ii- NORA ALICE BAKER KKLIT had entered Into a contract with the Northwest Steel company for steel at an average price of $91, but be cause the city was considering plans for the reduction of the cost of the building, the question of use of rein forced steel was referred to archi tects in New York. Before a decision was reached, the time limit on Mr. Pederson's contract had expired, and he was forced to pay $100 a ton for the steel, making a loss as was al lowed by the committee. Other It terns Allowed. Among other credits allowed In the report Include $7380 for hauling and setting terra cotta; -J5417.76 for ele vators and equipment; $1100 for transportation of tools and equip ment; and $2500 to cover deductions made in payment for decorating audi torium ceiling. In addition a large number of smaller claims are allowed, and numerous small claims disal lowed. The commlttae conducted 23 hear ings and worked aontinuously for eight days compiling the report. It is generally believed that the city I council will refer the report to the voters, together with a measure pro viding for the payment of the bill allowed by the committee. N. A. Schanen and J. F. Klly. both of Portland are the bondsmen for Mr. Pederson, both of whom it Is said must stand responsible for the pay ment of the losses sustained in the construction of the building should the city fail to pay. Attorneys Jay Bowerman and M. E Crumpacker appeared for the con tractor and bondsmen and Deputy City Attorney Latourette represented the city at the hearings. Statutory Ofrcnse Charged. . C. K Eollman was arrested yester day by Deputy Constable Watkirs, charged with a stautory offense in volving a -7-year-old girl. Beaver Hill at Your Dealer's. Beaver Hill coal at your dealer's. Distributor. Edlefsen's. Broadway 70. MMIIIIIMMnilllflffltlllilliiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiinii M '"''''''"''"'"'''''mimiimmmmim Used Phonographs And They're All At Prices Right i!iiiiiiiiiiiiiiiiiiiiriiiriH Victrola IX f ss Victrola 'IX, in E . mahogany finish. E: E Automatic, stop E and all the late E E features. Won- E EE derful condition. E E Just like new. In- E eludes 12 selec- EE E tions (your own EE EE choice), needles, EE cleaner, etc. Fully rr guaranteed. Out- EE fit complete, all EE E for only EE $60 nimiiiiimuiiimiiiimi- Brunswick, Full Size s A wonderful little Brunswick, full sized' . cabinet, in a beautiful fumed oak case, automatic stop; all record-playing pro- ducer. This instrument with 16 selections , all for $108.00. EE Bush & Lane Bldg. EE BRING THIS Ill!lliS!!ll!ISl!lllSllllIIillSiIlllli!l!llll!!Ill!!ii!!l!Sllin A!D JOSEPHINE BERTHA BAKER. BMN TO ATTEND TRIAL ATTORXEY-GEXERAL ORDERED TO GO TO PEXDLETOX. Assistance at Hearing of Men Ac cused of Murdering Sheriff Taylor Is Requested. SALEM, Or., Sept. 25 (Special.) Governor Olcott, acting upon requests received from H. I. K.eator and W. R Taylor, district attorney and sheriff of Umatilla county, today ordered At torney-General Brown to leave 'or Pendleton tonight to assist in the prosecution of Floyd Stoop and W. Cr. Henderson, who are under indictment charged with being implicated In the murder of Til Taylor, former sheriff of the eastern Oregon county. "The court has expressed a desire to have the attorney-general present at the trial of the case of the state vs. Stoop and Henderson," said a tele gram received by Governor Olcott to day from District Attorney Keator. "As district attorney of Umatilla county, I wish to ask that you send the attorney-general to assist in the tria.1 of these cases for the reason that we are establishing a precedent under a new law and in order to safeguard the interests of both the state and the defense. The court and myself both deem it advisable that the attorney-general take part in the trials." . - The cases of Stoop and Henderson, according to information received here, have been set for next Monday, Attorney-General Brown said he would, be on hand to take part in the trials when they open. t Beaver Hill at Your Dealer's. Beaver Hill coal at Distributor, Edlefsen's. your dealer's. Broadway 70. Read the Oregonlan classified ads. Tone is the same as on new phonographs couldn't very well change that; mechanism is the same; case is the same polish slightly dulled perhaps, but now ref inished so that one can not tell the difference and the difference in the price more than makes up for previous ownership. ' These machines have been turned in to us as part payment on more ex pensive models and we are going to let you have them for the same price we allowed on them, with the privilege of selecting a number of records to be included in the purchase price. Every person who has been -contemplating the purchase of a phonograph will find this offer one not to be overlooked. These, will go quickly. Come early. , TEEMS TO SUIT YOUR CONVENIENCE. iiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii u Intermezzo Model Sonora Wonderful Sonora Intermezzo,. English brown mahogany finish. This instrument just like new. Automatic stop, plays all makes of records without change of re producer. Fullv guaranteed. With this instrument TEN SELEC TIONS of your own choice are included, all for 165.00. niiimiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiini, - ? MAIL. THIS Bush & Lane Piano Co, Portland. Oregon. Gentlemen; Please send complete information regarding your used phonograph payment plan. Name Address Manufacturers When Mrs. Nora Alice Brady Kelly surrendered 'the custody of her baby girl, Josephine Bertha Baker, to Mr. and Mrs. F. A. Nelson five years ago. her sole thought was to give the girl a temporary home until she might be able to re-establish her own home, which divorce had broken up. This is the basis for a legal fight for pos session of the child which has en tered Its second year in the circuit court, she explained yesterday. Writs of review and prohibition, quo warranto and contempt of court proceedings, even Jail sentences not yet served for refusal to obey court orders, sprinkle the course of the litigation, the next chapter of which will be written in a hearing Septem ber 27 in the circuit court when the foster parents of the child will seek to restrain Judge Kanzler of the court of domestic relations from in terfering with the custody of the 12-year-old girL Deep Affection Professed. Mr. and Mrs. Nelson profess a' deep affection for the child, who appears to return their love and to prefer to remain with them, for they have been father and mother to her. since her parting from her natural mother. The NelBons are fighting the attempt of Mrs. Kelly to get possession of the girl on the grounds that the natural mother signed a relinquishment to her when the child was turned over to them Dy former County Judge Cleeton five years ago. Though the Nelsons insist that the arrangement by which they were to take the girl was supposed to be per manent, Mrs. Kelly declared yester day that such never had been the un derstanding; that she had sought only a temporary home for her daughter. "There was an agreement that the child would continue as my own, the one difference being that the child would be at home with the Nelson family for the while.- instead of with me." she said. "It would thus work out as merely a visit of the child to that home. No one could have understood it otherwise, and Mrs. Nel son was in perfect accord with the Idea. It was under those conditions that she at the first accepted the cniia. Company Held Forbidden. J-ater,. however, I undertook' to enjoy the pleasure of my child's com pany. I was forbidden to do so by Mrs. Nelson, who had assumed by then that the child was no longer mine, but hers, to do with as she pleased. She rebuffed every attempt on my part to show my love and in terest in my child. I have since criticised myself for permitting- the child to remain one moment longer with Mrs. Nelson. It was only out of something, I know not what, but akin to forgiveness, that I went away crying from the Nelson home that night after being forbidden to see my child. "Then I went into court at the request of Mrs. Nelson, at which time I was asked to sign a small paper, intentionally a contract to deliver up my child to Mrs. Nelson until the child was 14 years old. But I signed it only after the assurance of the court attaches that the paper would make absolutely no difference in my relations to my child. I should still be free . to posses her whenever desired, and it would not stand at all in the way of our love for each other. Mrs.. Kelly Remarried. "But this paper, which has since been decided, grossly illegal and of no effect, did stand in my way to re gain possession of my child. I had been induced into signing this pape mum , ff u in a Special Offer as Good as New Down to Bedrock - iiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiu E Brunswick Large Brunswick Cabinet ma- chine, -mahogany finish; guar- anteed just like new. All late features, automatic stop, etc. I $118.00. chiiiuiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiuuiiiiihit iTiiiimmmiiiMimmiiiic EE COUPON TODAY Wholesale n Retail AD WITH YOU $40 Suits and MfW Overcoats 1 1 V V tp O autsand...N0W $36 $c?veLand...N0W $40 Svefco"..N0W $44 $60 Suits and MAW ? 2MQ Overcoats llV If iptO The by the remarks of court attaches that I if I did not the cniia wouia no away from me aitogeiner. Mrs. Kelly has remarriea ana now has a home to which sne wisnes.io take her daughter. She denied yes terday that any court had ever de clared her to be unfit to have the cus tody of the child, saying tnat tne oniy report ever made against ner was ujr an investigator, who aaia ner um was untidy on a certain aay wnen surreptitiously visited. bhe aenieo emphatically the intimation of the Nelsons that she wished to place her daughter in some employment, saying tfiat was fartherest from her mind. She also said that her present hus band never had been connected with the whisky interests, refuting the as sertion of Attorney Hume that Kelly had been an ex-bartender and former HvtwAf nf a hrewerv waKon, Mrs. Kelly asserted that after Judge Kanzler had decided to return the child to her, she allowed the Nelsons tr. vn her for another month's visit. sinrt hr former KUardians took ad- -.antacn of that fact, took an appeal fi-om the court of domestic relations to a higher court ana nia mo uimu awav that it might net be found and claimed by me or my grandparents." Christian Brothers Elect. The Christian Brothers Btudent body annual election was held Friday. The following officers were elected: Francis L. Neary, president; J. Fran cis Donnelly, vice-president; Leo H Vitovich. secretary; Harold F. Fay. treasurer. Brother Anthony was ap pointed new moderator of athletics. - Big Potato Grown in Portland. If all potatoes were the size of -.he one Mrs. M. C. Hodges dug out of her Pffiegley & Calender Corner Fourth and Alder Streets !ilil!llIIl!llli!l!l!!l!!!liIlIIIIill!l!lilll!llIllIIIilIHI(lllll!Hili ijiiiiiiiiiiiiniiiiiiiiiimiL' Columbia EE Grafonola F-2 Columbia F-2. in mahogany with the handy push button ejector rec ord filing cabinet tor keeping rec ords in the best of condition; wonder ful triple spring motor. Includes 10 Selections of your own choice, needles, cleaner, etc. Fully guar anteed. Outfit complete v $115 EE E E EE EE EE Columbia, Model B Columbia Grafonola model B, golden case, in perfect condition, a very handy style for outing parties, etc;. Fully guaranteed. Take this one for $20. Broadway at Alder EE variety of fabrics, models and sizes is at present complete. An immediate selection is advisable. vegetable garden at 1004 Glenn ave nue North yesterday one of the prob- ems of the cost of living would be taking place at our three stores this week only. You will save 25c on every dollar this week, as a glance at the soap we are offering; and the prices asked will con vince y on. Stock up for the winter. And For the Youngsters F Cuticura, cake 19, box 54 ?' Woodbury's, cake 19tf, box 54. ' Resinol, cake 19?, box 54, . Pear's Scented, cake 19?, box 54?. Packer's Tar, cake 19?, box 54?. Herpicide, cake 19?, box 54?. Pear's Unscented, cake 15?, 3 to a customer. - Cashmere Bouquet, cake 25?, box 70?. Colgate's Eng. Process Soaps, 19?, box of 1 doz. $2.09. Colgate's Allround, cake 19?, box 54?, 3 to customer. ' Colgate's Oatmeal Medium.cake 17?, box 48?, Colgate's Brown Windsor, cake 17?, box 48?. Colgate's Honey Soap, cake 17?, box 48?. Ivorv Soap, 8?, or 3 bars for 22?, 3 to cus tomer. Palm Olive 8?, or 3 bars for 22?, Creme Oil 8?, or 3 bars for 22?. Kirk's Trellis Line 8?, or 3 bars for 22?. SALVITE GASOLINE SOAP. Regular 35c Sale Price Shaving Williams' Barber, round cakes, Colgate's Barber, round cakes, Colgate's Cup Soap, 5?. Jergen's Shaving Stick, 19?. Colgate's Shaving Stick, 35?. Williams' Shaving Stick, 35?. Very Special! Thermos and Icy Hot Lunch Kits! 200 of Them... We have an assortment of about 200 of these very popular lunch kits. There is nothing better for the man or child who carry their lunch each day. When these are gone you will have to pay $5.00 for the same article. Remember: This Is a One-Week Sale! At Our Three Stores Sfouf-Iffons iDruaCa Northern Pacific Pharmacy 3rd and Morrison Sts. $65 Suits and WA W Overcoats llV ft $70 Suits and MfV Overcoats llV if $75 Suits and MAW Overcoats lJ f ff $80 Suits and MAW Overcoats VJ f $90 Suits and MAW Overcoats liv Y solved. The spud weighed two pounds ard two ounces and vneasured eight by four and a quarter inches. It is of A Semi-Annual Event I A Soap Bubbler With Every $1 WILLIAMS' BABY BATH SOAP. 3 cakes and wash cloth in set for ... :25c Scat 10?. Flash 10?. Soaps That Will Satisfy 6?, 3 for 15?. 8?, 2 for 15?. Willij-tns' Shaving Powder, 35?. Williams' Shaving Cream, 35?. Colgate's Shaving Cream, 35?. Colgate's Shaving Powder, 35?. Mennen's Shaving Cream, 37?. Krank's Shaving Cream, 35?. Armour's Shaving Stick, 19?. Perkins Pharmacy 5th and Washington Sts. $52 $56 $60 $64 $72 the Gold Coin variety and was found in a hill containing n-any other large potatoes. Goes Purchase! Life Buoy 8?, or 3 bars for 22?. Colgate's Coleo 8?, or 3 bars for 22?. Colgate's Turkish Bath 8?, or 3 bars for 25 Castile Soaps Conti (Imported), bar $2.50. Vi bar $1.35, K bar 75?, M bar 40?. Bocobelli, Imported, bar $2.00. bar $1.00, bar 75?-, Vs bar 25?. Luggardo (Domestic), bar 85?. V2 bar 45?, M bar 25?, bar 15?. Antonio Berti (Domestic), 1 lb. bar 45?. . Oreno Olive Oil-Castile, cut in 4-oz. squares, 15?, or 2 for 25?. 35c Mechanics and Hand Pastes Lava Soap 10?. White Cat 25?. Irvington Pharmacy E. 15th and Broadway. S3.21