THE
iW
TH Oioffo,, Historical Sod!.
. i 'Public Auditorium. i
The only paper in Roseburg
"-- carrying The Associated
Press dispatches.
Fair j ' Continued Cold.
Highest temp, yesterday 46
Low-eat temp, last night' .27
VOL. IX.
ROSEBURG, DOUGLAS COUNTY, O REGON. WEDNESDAY, FEBRUARY 20, 19t8
No. 44
MIMG
m
SECOND CARDWELL
CASE AT ISSUE
Fifty Two Witnesses Have
. Been Called to Give
'; ;:. , Testimony.
SAME DEFENSE OFFERED
jrviuuutklllj lAmiBIIIIS isuuvery III H
1resscd Hogs ill Payment of
Notes d'lalntiff Denies
Deiivei-y.
A jury composed of B. L. Martin-
dale, C. F. Blundell, J. R. Throne,
James F. Dixon, Alva Manning, Ed
ward Hancock, J. M. Gross, Howard
Pannnl T T Ca.n TJ t) ... V, 1 ... .
and W. S. Conine, was this morning
drawn to hear the case of George
Kohlhagen vs. W. W. Ca .ell and
his wife, Emma P. Cardwell, where
in the plaintiff seeks to recover the
sum of $767.10 alleged to be due on
a certain promissory note, together
With attorney fees in the sum of '$80
and accrued Interest on the note at
the rate of 6 per cent, from October
15, 1916.
At the instigation of B. L. Eddy
attorney for the plaintiff all wit
nesses summoned to give testimony,
over 60 in number were first, sworn
and turned over to the court bailiff
und placed In one of the jury rooms
The case at issue is wound around
the delivery of 36 head of dressed
hogs, which the defendant claims he,
with the assistance of his son, Mur
ray Cardwell, and other farm hands
delivered to the plaintiff on March
t, 1017, the aggregate weight of
which was 7772 V4 pounds. The pre-
vailing market price at that time, so
the defendant alleges was 15 cents
This consignment was to apply on a
note Which had previously been exe
cuted, by Mr. Cardwell, and which
was sued on during the November
term of court, at which time the
jury brought In a verdict for the
plaintiff, the overplus was to apply
on tne note, tlie cause or the case at
issue.
The plaintiff, Georfee Kohlharren.
took the stand dIioi-Uv after 10 o'
clock and was interrogated a few
minutes only, by his attorney. Mr.
Kohlhagen, stated that he had been
in the butcher business in this citv
since 1892 and when asked whether
or not tnn note lie held: aeainst the
defendant had been Dald he renlled
in the negative.
District Attorney George Neuner,
Jr.. was then called and asked what
attorney lee he would consider reas
onable in the case. He renlied that
S100 would bo a fair retainer and
was excused irom further. Question
ing.,
The defendant, W. W, Cardwell.
then took the witness stand and on
direct examination stated- that he re
sided in Coles Valley. 18 miles from
this city. Mr Cardwell. admitted
the execution of the note In oues-
tlon and stated that he delivered 36
head of dressed Iioes to aimlv on the
payment thoreof.
What agreement did you have
with Mr. Kohlhacen? asked his coun
sel. "On or about December 16."
replied the witness, "I called at the
Kohlhagen market to got a steak.
and George Kohlhauen asked about
the payment of the note. 1 informed
hint that I hud no funds available
at that time to make the Davment.
He remarked that I had not treated
him right, ha vine failed to nav the
amount of the note, from the pro
ceeds of sale of my prune croD. 1
explained, where the money from the
croD went una to a him that wit mi
eight weeks 1 would have a number
of hogs ready for the market which
I would deliver to him. At that
time he stated that if a sufficient
nuniuor of nogs wore delivered to
pay tne lnturest on tne note, time
would De extended, tf necessary, from
one to two years.
Mr. Cardwell then told of having
the hogs butchered, loaded into two
wagons anu orougnt to mis city ami
uniouueu at tne Konmagon maraot.
Did you make a memorandum of
the weights of the hogs? Interrogat
ed Attorney Rice. "Yes. was the
rejoinder. "1 made notations on a
piece of pasteboard. "Where did
you mane menu in tne tower
house when the hogs were weighed.
said the witness.
At this juncture Attorney Rice In
troduced a cardboard which Mr.
Cardwell readily recognized as the
record of the hog weights,
f 'Are these the identical figures?"
asked the attorney. "Yes," replied
Mr. Cardwell. "I left that card on
the wall until the first case eamo
,up for trial."
, you know the market value
of hogs?" was the next question.
"Yes. The market quotation at that
time at Portland was 16 cents and in
Roseburg IB cents
Much other testimony regarding
the kind oi teams' that were used In
bringing the hogs to this city and the
direction he took In getting here and
the time the delivery was made, who
accepted the delivery and other inci
dents relative to the transaction were
related by the defendant.
"What kind of a day was March
1?" askea Attorney Eddy on cross
examination. "Reasonably cold," re
plied the defendant. "How much
weight on the two wagons?" The
witness answered thjs question by
saying that about two thirds of the
load was on the larger wagon an
the residue on the smaller one.
Several questions were asked
about the size of the wagons, etc.,
which were readily answered. The
size of the rack, the number of hogs
in each load, and how they were
loaded was then explained by the
witness, who finished by saying that
Roy Stearns and Ed. Butrlck saw
the hogs unloaded at the Kohlhagen
market, some of which were carried
to the rear of the shop and' six or
eight were left lying on the sidewalk.
At the conclusion of cross examina
tion of Mr. Cardwell, Wm. Johns
was called. The witness stated that
he was employed on the Cardwell
ranch and assisted In butchering the
nogs, which are alleged by the de
fehse to have been delivered to the
plaintiff.
Loyal Emery aJso told of having
assisted a short time in preparing
tne nogs lor market, having helped
with the scraping.
Attorney Rice then read the testi
mony of Frank Langenberg, a form
er employe of the Cardwell ranch,
now in the U. S. army, relative to the
butchering of the hogs, the trip to
this city and the unloading of the
consignment at the Kohlhagen meat
market. Mr. Langenberg stated at
the first trial . that he assisted in
these proceedings.
Mrs. Cardwell was the next witness
called practically corroborating the
testimony of her husband regarding
the butchering of the hogs which
commenced before daylight. Mrs.
Cardwell, in answer to a question
put by Attorney Eddy, said she saw
the hogs hanging up on poles, ready
for the market. "Did you count
them?" asked the counsel for the
plaintiff. "No," replied the witness, l
but I know about how many ve had." I
me witness stated that Mr. Card-1
well and son, Murray, accompanied j
(Continued on page 4.),
FOR THE SOLDIERS
"Smileage Books" Being Pro
vided For Every Man
In Service.
UNDER GOV. CONTROL
Book of Twenty CouMn.s Costs
Only One Dollar That Means
Twenty Admissions to
Army Camp Shows.
The Y. M. C. A. makes the state
ment that the shows run by the asso
ciation for which admission was
charged will now 'be discontinued, as
the smileage campaign will supply
the mcuus for running the liveliest,
snappiost kinds of comedies at the
camp theatres. "This," says Associ
ate Secretary John S. Tichenor, "will
relieve the Y. M. C, A. of a duty not
properly its function, and one which
was difficult to handle. Professional
managers, sucli as Marc Klaw. Ed
ward Albeo and Harry P. Harrison,
representing the Chautauqua Inter
ests, who are experienced and suc
cessful in their lines, are the right
men to handle such work.
The reports received by the na
tional headquarters at the war de
partment commission on training
camp activities show smileage will
bo an immense success. Every Min
nesota boy is sure to be supplied
with a smiioago book. Every boy
from Massachusetts will enjoy the
shows through the kindness of his
friends.
Have you boucht a smileage book
for some lonesome soldier boy? You
folk who make a practice of attend
ing the movies several times a week,
and no doubt enjoy them. Have you
provided Just such entertainment for
the soldiers who are out fighting
your battle for you. or don't you care
whether he has a bit of pleasure or
not, just so long as he docs his best
to protect your home and property?
One man in Roseburg said that if
his boy went to war he wanted him
to go for service, and not to have
any ploasure, and did not see the
need of sending them any smileage
books. Of course he did not buy one,
but we will venture that he went
to the show himself and thoroughly
enjoyed the performance, while the
soldier boys were protecting his in
terests by giving up home, loved
ones and oil that life holds dear to
him.
Well the soldier boy is a real man
whilo the other fellow is a minus
quantity. Roseburg and Douglas
county must purchase 500 of these
smileage books this week. This will
mean that every boy who has gone
out from our county will have one
MOVE
PICTURES
OAKLAND
BUTCHER
TAKEN
Fred Giselman is Arrested by
Sheriff Quine Late Yester
day Evening.'
LEWD COHABITATION
Says His Trouble is Result of Spite-
Work as Released From
Jail On Furnishing
ijS.-WO.00 Bail.
The sealed indictment returned by
the February grand jury Is no longer
sealed. Sheriff Quine, armed with
this authority, late yesterday placed
Fred Giselman, aged 59 years, a
butcher of Oakland, under arrest,
charged with lewd cohabitation. The
accused was brought to tuis city and
lodged in the county jail where he
spent the night. He was released
from custody early this morning,
having tendered a check in the sum
of $3u0 to insure his appe'arance to
answer the charge tiled
When interviewed at the sheriff's
office this morning. Mr. Giselman
with the unmistakable accent of hav
ing been born "somewhere in Ger
many," stated thp.t his arrest was the
result of spite work. Last spring
according to Mr. Giselman, a well
Known Roseburg capitalist, called at
his ranch in Canada and wanted to
trade him a tract of- land situated
near this city for his ranch there.
I was interested," said Mr. Gisel
man, "but refused to make any
trade until 1 had viewed the Oregon
Property. Not long after, this, ac
companicd by Kate Swartz, a trained
nurse, I arrived in lioscburg on a
night train, ana going to a local ho
tel, registered there as ma"n and wife',
owing id the fact that two 'rooms
could not be obtained.
"Miss Swartz, who is 58 years of
age," continued Mr. Giselman, "hav
ing long been a nurse in our house
hold iu- Canada, requested that I
take the one room. This I did, Miss
Swartz . utilizing chairs as a -resting
plnce for the night, "while 1 occu
pied the bed.
"Upon arriving at the ranch, sit
uated iu Camas Valley, which had
been recommended as a valuable
piece of property, I soon discovered
that it was worthless and refused to
enter into a trade with the capital
ist, .jolng to Oakland, Ore., 1 pur
chased a meat market and ha: since
been in that business there, intend
ing to buy property in that vicinity,
return to Canada and move my fam
ily to .egon to reside permanently."
Mr. Giselman says mat his wife
requested that the nurse accompany
him on the trip, knowing that he was
in ill health, and that there was
nothing improper regarding their re
lation. "It's simply spite work,"
said the accused, "and that man
(meaning the capitalist) is the big
gest liar I ever met."
It is understood that Mr. Giselman
will employ counsel and the case will
be threshed out in the circuit court
before Judge Hamilton during the
present term.
E
(By Associated Press.)
LONDON, Feb. 20. German in
dependent socialists are arranging
for a demonstrative strike in the
munitions factories of the empire,
which is slated to commence in
March, according to Berlin Informa
tion. E
I
According to, an announcement
made by District Attorney George
Neuner today, the appeal of the case
of P. D. Plnkerson, a former railroad
man of this city, who was convicted
in the local justice court of violat
ing the prohibition laws, will come
up before Judge Hamilton in the cir
cuit court early next week. Pinker
son was fined in the sum of $400
by Judge Riddle, to which a jail
sentence was also attached.
or more of those, and they can use
half dozen each. You can buy a
hook containing 20 coupons for $1.
or one with 100 coupons for $5.
Make some soldier boy -'happy by
sending him one this week. If the
honor Guard pirls have' not called
on you, hunt them up, or call at the
office of the Commercial Abstract
Company, where you will be supplied
with as many books as you wish to
send.
MOORE-VAN
RUREN
Tl
Popular Music instructor and
Portland Business Man
Wed atBacher Home.
RESIDE IN PORTLAND
Wedding Simple Owing to Illness of
Bride's Mother Bride Popular
in Social Circles Groom is j
Member Multnomah Club.
The wedding of Mabel Van Buren,
of this city, and Benajmin H. Moore,
of Portland, was solemnized at high
noon today at the home of Dr. and
Mrs. J. G. Bacher, on East Cass
street, with Rev. IS. W. Warrington,
of the Presbyterian church officiat
ing. The Bacher home was beauti
fully decorated for the occasion, not
withstanding that the wedding was
simple with only a few friends, of
the contracting couple in attendance,
owing to the illness of the bride's
mother, Mrs. J. F. Templin. Spring
flowers were arrayed about the
rooms in profusions and the general
effect was most charming. The bride
was given away by her father, Mr, J.
F. Templin, and the bridal party was
led by little Miss Helen Bacher, who
made a charming flower girl. Miss
Fern Reymers, a music pupil of MIbs
Van Buren's played, softly the Bridal
Chorus from Lohengrin. The bride
was gorgeottsly gowned in an im
ported hand embroidered creation,
and carried a bouquet of light pink
carnations while the groom was at
tired in the conventional costiime.
Mrs Moore lias resided in Rose
burg practically all of her life and
for the past few years has been one
of the city's most popular music in
structors. In the social circles the
charming bride has taken a most im
portant part and n the future she
will be greatljv missed, her many past
functions being among the most ar
tistic ever given in the calendar, of
pleasurable events. ; .
. The groom Is one of Portland's
most prominent business men, being
a member of tTte Multnomah club,
and Shriner lodge and an active
worker in the Industrial and civic
life of the city.
Mr. Moore recently purchased a
new home in Irvington where the
happy couple will reside in the fu
ture and where they will hereafter
extend their charming hospitality to
their many friends in Roseburg and
in Portland. Mr. and Mrs. Moore
had planned a honeymoon trip to
Honolulu where they expected to re
main for several weeks, but owing to
the illness of the bride's mother, this
journey was postponed until a later
date.
Guests at the Moore-Van Buren
wedding included Miss Ruth Hender
son, of Portland; Mr. John Ptull, of
Salem: Dr. and Mrs. J. G. Bacher,
Mrs. Wilson, Miss E. Parrott and Mr.
J. F. Templin, of this city.
SHERIFF GETS NOTE
FROM GEN, WHITE
The following letter was today re
ceived by Sheriff George Quine,
chairman of the local exemption
board from Major General White,
now with the American expeditionary
forces somewhere in France:
Dear Mr Quine: I am sorry that
circumstances did not permit me to
write you before leaving for France
to thank you for the co-operation
given by you and your board in pull
inir the draft work across. I ap
preciate very much the many cour
tesies and the assistance given you
and your fellow workers. - Fiease
state my appreciation to Mr. Lenox
and Dr. Stewart.
Very truly yours.
r GEO. A. WHITE,
Major Adj. Gen. 66th Artillery, bri
gade A. E. F.
TEACHERS AND PUPILS
T SUM $5351.75
Prof. H. O. Bennett, of the Rose
burg high school, this afternoon took
a census of the number of teachers
and pupils who are holding liberty
bonds, war saving stamps and thrift
cards in the high school, and the
amount of their investment, and at a
late hour a total of $5351.75 had
been coupted. Considering that this
Includes only the investments of the
high school alone, the. figures are
splendid and show a marked spirit
of patriotism In the school.
NUPTIALS
ODAY
INDEBTED
NY
A PLEASANT RIDE
Mrs. Maude.E. Hillyer Enter
tainingly Explains Real
Estate Deal.
MAYOR GOOD SALESMAN
Defendant Alleged She Knew Nothing
of Values or Land Depended
on Agent Confidence
Broken, Suit Results.
For a second time within ten days
Mrs. Maude E. Hillyer, who came
here from California about a year
ago, told her story to a jury in Jus
tice Riddle's court of how she came
to purchase a ranch in Douglas coun
ty, and explained why it is that she
refused to liquidate a note held by
Rice & Rice, realty agents, In the
sum of $125, alleged to be due as
commission on the purchase of a
ranch on South Deer creek. The first
jury, failing to agree as to Mrs. Hill-
yer's moral or legal responsibility in
the matter. Rice & Rice brought an
other action', which came on for
hearing this morning at ten o'clock.
The court room was crowded to ca
pacity, whilethe overflow of curious
and interested humanity blocked the
doorways to the court. Attractive
personal appearance of the defend
ant may have had much to do with
the unusual interest' attaching to the
matter, or it may have been some
what of a- desire to know the real
merits of the issue at first hands
which caused- so many to crowd in,
among who were many ladies. The
jury selected to hear the evidence
consisted of Oscar Lindscy, manager
of the People's Supply Co.; V. R.
Buckingham, clerk; Geo. Kimball,
capitalist; B. F. Page, capitalist; A.
J. Cox, and J. T. Cole.
Attorney O. P. Cosnow represented
Rice & Rice, and John T. Long repre
senter Mrs. Hillyer. As to the vari
ous allegations contained In the com
plaint, there was no material dis
agreement, with the exception of the
$125 note, and the plaintiff's sought
to recover that amount, agreed to
be for commission owing by a former
owner In part of the property sold to
Mrs. Hillyer by Mayor N. Rice, who
transacted the deal for his firm.
While Mrs. Hillyer executed the note
covering the sum said to be due for
the commission, she alleged it was
not iu payment of Mr. Emil's obliga
tion, but merely given to relieve him
in a financial way until a certain
deed- should o given her to the prop
erty purchased of him and his part
ner. The plaintiffs, from the ques
tioning of the attorney, were seek
ing to show that Mrs. Hillyer gave
the note in recognition of the seller's
debt to the realty firm. On this
technicality hinged the whole process.
The defendant, Mrs. Hillyer, insisted
it was merely a favor advanced, and
was simply that much more paid on
the property purchased. Since no
deed has been forthcoming for the
property, one of the owners being a
resident of Norway, and this instru
ment having 'been promised, in 30
(fays from date of contract of pur
chase, Mrs. Hillyer very positively
refused to pay any further sum or
sums on the purchase price, including
the note issued in favor of Rice &
Rice, which she maintains is a part
of the money involved in the final set
tlement. The story of Mrs. Hillyer's arrival
in Roseburg, of her trip to the Emil
ranch, some 11 or 12 miles from the
city, the bad state of the roads, and
her allegation of explicit faith in
Mayor Rice's integrity and belief
that he would look out for her in
terests, as she was a stranger and al
together unacquainted with farm
lands, was told in a winning and
direct way by the lady. She went
over much of the same ground that
was covered in the first trial, stating
that the firm Of Rice & Rice was
recommended to her when she first
came, and she was assured that they
were thoroughly reliable, and there
fore after she had told the mayor
just what she wanted in the way of a
farm, she left the details to him.
When asked if she considered that
she was indebted to Mayor Rice or
any one, Mrs. Hillyer caused an aud
ible smile to go over the audience,
the solemn attitude of "the court"
being vlsably affected, by stating,
"Wlho, no, not unless It was for a
pleasant afternoon spent in going out
to the place or, perhaps, for a pair
of pantaloons, as the mayor almost
ruined his when he slipped and fell
in the mud."
E. C. Benson, manager of the
Creditors' Association, to whom the
note was assigned by Rice & Rice for
collection, stated on cross examina
tion by Attorney Long, that He wrote
a letter to Mrs. JHUyer, demanding
payment of the note two days before
that paper had been assigned to him
by the real estate firm. The letter
was introduced In evidence and date
or demand confirmed. He stated that
he did this because he had been in
formed Mrs. Hillyer was going to
leave town, and- that he had also
levied on certain moneys In the ban
belonging to Mrs. Hillyer. He said
that sometimes matters were rushed
a trifle when a bad debt was involv
ed. Mrs. Hillyer was then asked if
she had ever met with any one here
who questioned her credit, and the
lady said she had not and did not owe
a cent in Roseburg excepting $11 to
a horse doctor. More smiles, and Mr.
Benson was excused.
- Consummation in detail of the deal
hinged on the inability of Rice &
Rice, as agents -for Mr. Emil to pro
duce a deed for the property within
30 days, or any time since the con
tract was made in May, 1917. Mrs,
Hillyer stated that she has had on
deposit in the Roseburg . National
Bank of this city the sum of approxi
mately $3,000 since early In the
year 1917, and was ready at all
times to fulfill her part of the obli
gation, but that the non-resident
owner of a half interest in the prop
erty has refused, to give a deed, and
therefore she would not pay over an
other cent. She also stated that the
Jplace was not as represented ,by
Mayor Rice, in that there was no
living water on the farm, nor were
there any trees fit for building a log
House, such as was Btated by the de
fendant that she desired to erect, al
though she had employed men to cut
and peel a lot of logs, the best that
could be found on the place, but all
of them had proved crooked . and
unfit. This item had cost her some
thing like $100. She also stated that
Mayor Rice had1 told her the place
would produce sufficient food sup
plies for two or three families, but
In fact it would not. grow anything.
Another appreciative smile rippled
through the room when the witness
described her efforts to get a gar
den to grow. She told of employing
an experienced" man to plan the
garden, but finally discharged him
because he failed. She then eot an
other man, and after looking the sit
uation over the lellow got buiiy, but
no results. She said the ground bak
ed hard, that the' onions and early
stuff perked up for a bit when tho
rain came, but finally dwindled
away and died entirely.
Following the noon recess court
(Continued on page 4.)
Taking no Further Chances
On Trickery of Russian
Bolsheviki.
PEOPLE . OPPOSE WAR
i
Masses of Germun and Austriiuis Op
posed to Aggression in Russia
Von Kuellunnu Thinks Pet'
rograd Will See a Light.
(By Associated Press.)
ASSOCIATED PRESS WAR LEAD,
Feb. 20. Germany has not yet re
plied' to the Bolsheviki peace offer,
but continues the invasion over a
line of over 400 miles in length. 11
is uncertain whether the Bolsheviki
will back down entirely or will make
some attempt to stop the Huns' ad
vance. In fact, the continuance ol
the Bolsheviki depends altogether on
their ability to make peace with Ger
many. According to German and Aus
trian newspapers renewed war with
tiussia is unpopular with the people
of the central powers.
There is marked aerial activity
along the western front, and during
tne past three days the entente allies
have brought down or disabled 57
German machines. British airmen
are busy bombing airdromes and
docks held by Germans in Belgium.
Every effort is being made by Aus
trian authorities to convince their'
people that the peace made' with
okraine is not only one of the great
est material advantage to the cen
tral powers, but that any injustice
done to Poland by the taking away
of the province of Cholm, and giving
it to Ukraine will be remedied.
Distrusts Russia.
AMSTERDAM, Feb. 20. Foreign
Minister von Kuelhman told the
relchstag yesterday that Germany
can no longer believe in the pacific
intentions of Russia, and that the
imperial government must see to it
that peace and order prevail. . He
Bald that he hoped Germany's new
war with Russia would strengthen
Petrograd's inclination for peace.
Peace Message Enroute. .
PETROGRAD, Feb. 20. General
Hoffman, German military represen
tative at the Brest-Litovsk confer
ence, has telegraphed the Bolsheviki
for a written authentication of the
Russian wireless peace message sent
to Berlin, yesterday. The message
from Hoffman states that the authen
tication must be sent to the Ger
man command at Dvinsk. A Russian
official statenieu. alleges a messenger
is now enroute to Dvinsk from Pet-
rograd with the peace message.
HUNS MOVING ALONG
LINE400 MILE FRONT
WHENDOESAWOMAN
LOSE CITIZENSHIP
Mrs. Mabel Hodgson, Myrtle
Creek, Seeks to Re
establish Rights.
UNABLE TO REGISTER
Married British Subject Contends
She Did Not Forfeit Citizenship
Demands Privilege of Ballot
Statement to Clerk.
A question that may be of consid
erable interest to many persons la.
the county or state, is involved in the
application of Mrs. Mable Hodgson,
of Myrtle Creek, for registration "nn
der the laws of the state, qualifying
her for the right of franchise, the
application being made before County
Clerk Edward Lenox, yesterday. Mrs.
Hodgson was refused the privilege of
registration on the ground that
through marriage to a British sub
ject she had lost her citizenship. Mr.
Lenox construed the law of 1907 as
covering the case, but through her at
torney, Albert Abraham, Mrs. Hodg
son took exception to the ruling, and
today a statement of the matter was
placed before Clerk Lenox, who cour
teously consented to place the mat
ter before Attorney General Geo. M.
Brown for a decision covering the
meaning and intent of the law.
Mrs. Hodgson contends that since
she was married to the British sub
ject before the law of 1907 was en
acted, its provisions do not apply to
her. The matter will be watched
with considerable interest, as there
are doubtless many other women in
the state who are similarly situated,
and who will be deprived of the right
of ballot If County Clerk Lenox's
ruling is upheld. It is stated by
Mrs. Hodgson, however, that in event
the attorney general hands down an
adverse decision he will take the
matter into the courts to establish
her rights of. citizenship. The state
ment made to the county clerk fol
lows:. Dear Sir: Mrs. Mabel Hodeson an-
plied to you yesterday, the 19th day
or n-eoruary, 1918, to be registered as
a voter. There being a doubt in your
mind as to whether Mrs. Hodgson
was entitled to vote on account of
her marriage with a citizen of Great
Britain, it was agreed' between us
and I should make a formal state
ment of the material facts concern
ing her status so that you might pre
sent the same for an opinion from
the proper legal officers. Pursuant
thereto, I beg leave to submit the
following statement:
Mrs. Mabel Hodgson was born in
California and has ever since resided
in the United States. She has been
for more than a year last past and
now is a resident of this county and
state at Buck Fork postofflce, in the
precinct In which that postofflce is
located. In 1902 she married Thom
as Hodgson, who at that time was a
citizen of Great Britain, not having
at said time taken out his filial citi
zenship papers. Mr. Hodgson is still
living and has not yet taken out any
final citizenship papers. The mar
riage relation still continues.
It is Mrs, Hodgson s contention
that as her marriage was prior to
the act of March 2, 1907, which is
the only law which casts any doubt
on her citizenship, her citizenship .is
not taken away by virtue thereof.
Her case is different from that of a
woman marrying an alien after
March 2, 1907. .1 respectfully refer
you to the language of the case of
Mackenzie vs. Hare U. S. Sup. Ct.
Rep. 60 Law Ed. 297, decided in
1915 by the supreme court of the
United States. The court plainly in
timates that a marriage before the '
act of March 2, 1907, would not de
prive the wife of citizenship. "It may
be conceded," says the court, "that
a change of citizenship cannot be ar
bitrarily Imposed, that is, imposed
without the concurrence of the citi
zen. - The law In controversy does
not have that feature. It deals with
condition voluntarily 'entered into,
with notice of the consequences." It
Is plainly seen that the court held
that the voluntary act of marriage
when the law was In fofce was a
voluntary act of expatriation. And
other construction of the law would
be an arbitrary disfranchisement of
Mrs. Hodgson without any act of con
currence on her part.
Many citiens are now being de
prived of their rights of citizenship
whose cases are identical with that
of Mrs. Hodgson. I trust therefore
that you will co-operate to procure
through the proper channels an opin
ion from the attorney general of the
state on this important matter.
Yours very truly,
ALBERT ABRAHAM,
'
Creed Conn has returned from
Oakland, Calif., where he has beon
employed for some time past in the
shipyards of that city, and is spend
ing a few days with friends. He will
later seek like employment In Portland.