Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 25, 1908)
10 TRY JACOBS CASE UPON ITS MERITS Demurrer Pleading Statute of Limitations Overruled by Judge Gantenbein. CHARGES SPOUSE'S FAMILY tuzanne It. Jacobs Alleges Hus band's Affections Were Alienated and He Lett Her All Parties to Sail Are Well Known. That the Oregon law discriminates In favor of a married woman was the dis covery made In the Circuit Court yester day morning when the demurrer of Su zanne D. ' Jacobs father-in-law and other relatives, raised In her complnlnt. came up for argument -before Judge Gantenbein. In the demurrer two points were urged: That the complaint does not state facts sufficient to constitute a cause of action, and that the statute of limitations bars .Mrs. Jacobs from bringing suit. She alleges that her rela tives alienated her husband's affections, so that he left her In 1U05. On this ac count she demands JMO.OOO, of which flvOM'Q la punitive damages. Section 8 of the Oregon code provides that any suit for an Injury to the per .n or rights of another .not arising on contract, .must be brought within, two years of "the time of Injury. As Mrs. Jacobs' husband left her in 19'5. three years have elated. (J. G. Schmltt. Mrs. Jacobs' attorney, discovered, however, that Section 17 of the code gives a married woman Ave vears more than a single woman, or a man. In which to bring suit. The section reads: Susin:n fur pr"nal disability. If any person ntui"1 to bring an artl"li merit ictne-1 In tMe chapter, or to r.-ov?r real property, or fnr a tonally or forfeiture, or against a Sheriff or other officer ftT an ecape. be at the time the cause of a-'ilon accrueil. either 1. w ithin the aire of -I years; or. 2. Ineane: or. 3. IinprU-Tie.1 on m criminal eharea, or in execution um'.er nentenee of a court for a terra lee than hie natural life: or. 4 A married woman. The time of auch .Usability shall not be a part of the time limited for the enmmenre-m-nt of the aetlon. but the terlo.l within which the action shall he brought shall IX. t r- extended more than five ears by any su- h dleahllltv. nor sha'.l it be extended in any rate lonrer than one er after auch disabil ity ceaw. John M. Cearln. of Dolph. Mallory. Si mon Uearln. who appear as attorneys for the defendant relatives, contended that Section IT was repealed by Section ?.'. which says: Wife's rivil disabilities are removed. All laws whleh lm"ee or reosnlie civil dlsa bi.itles uion a wife which are not lmred or reeoaned as existing as to the husband are hereby re.eae,l: Provided, that this at t shall not confer the risht to vote or hold of fl. upon the wife, except as la otherwise provided by law; ard Tor any unjuet usurpa t on of her property or natural rights she hill have the mmr right to appeal In her own name a one to the -courts of law or equity for redress that the huband has. In passing upon the question. Judge Oantenbein diildcd that Section 17 does not Impose or recojtntce a civil disability, but gives the wife a privilege. The case will, therefore, go to trial on Its merits. The defendants were given 10 days in which to file an answer to the complaint. All the defendants are well known. Isaac Jacobs Is a wealthy Portland propertv-owner. and Is also Interested In the Oregon City Woolen Mill. The other rli'fon.lants are Clara Jacobs, the plain tiff's molher-ln-law: Alfred R. Jacobs. C.iston . Jacobs. Harry B. Jacobs and Lillian 1-ang. whose husband Is a mem ber of Ijing & Co., the wholesale grocery firm. 1MPI.KMK.VT KIR MS PROTEST Carry Fight Over Assessments Into Circuit Conrt. Four large implement firms have filed with County Cleric Fields objec tions to their asessmcnts. They are: the Buffalo Pitta Company, the J. I. Case Company, the Advance Thresher Company and the A. H. Averill Com pany. The first three were assessed f.K.oo for merchandise and $40,000 for money, notes and accounts. The Buffalo Pitts Company wants Ihe entire assessment reduced to $21. S7. while the Advance Thresher Com pany nsKs that its assessment be placed at il4.00". The Koualization board saw fit to reduce the merchandise as sessment of the J. I. Case Company to ;o.0rt. but the corporation is not sat lfled. contending that the entire as sessment should not be more than $15. ono. . The assessment of the A. H. Aver Ill Company was S3. (100. It has asked that the figure be cut to 13000. In each case these firms say tlist the accounts nre kept nt Kastern head quarters, so that the local hooks are only duplicates, and allege further that their notes are secured by mortgages on property outside Multnomah County, which when assessed here, amount to double taxation. The Pacific Railways Advertising Company has protested against the payment of a $20,000 merchandise as sessment. The protests of these five firms will be fought out In the Circuit Court. 1CATE ROCK PILE SENTENCE 1'our Xonsupport Defendants Agree to Mend Their Ways. Oeorge H. Grisbach waa sentenced by Judge Webster In the County Court yesterday morning to Kelly Butte, but the sentence was suspended on con dition that he support his wife and their daughter. Pearl. The court or dered hira to pay them $15 a month, beginning Tec ember 1. In case he does not do so. and Is sent to the Butte, the county will pay for the support of his wife and child, not to exceed $1 SO a day. The non-support cases of Frank H. Ilghton, Henry A. Rldgeway and El mer M. Brown were dismissed, upon the promise of these individuals to pro vide for their families hereafter. JAPANESE Wire IX SLAVERY Revolting- Case Brought to Light in I'nllctl States Court. One of the most revolting esses o? Japanese slave women on record here has Just been brought to light through the arrest of Yasntamo Obata and anoth er Japanese named Sakama. Obata placed his wife In slavery to Sakama In order to pay up $V!0 which he had borrowed from fakamo Mrs. Obata. In spite of the fact that she was the mother of two children, was forced to enter house patronized bv Chinese. A quarrel between Sa kama and the woman's husband led to the arrest of Sakama by J. H. Bar- ; bour. Immigrant Inspector, and when j the shameful story became known, a j warrant was sworn out against the j husband. Yesterday afternoon Sakama , was given a hearing before United States Court Cpmmlssioner Marsh. Mrs. ! Lola Baldwin also became Interested In the case. j MOTION FILED FOR NEW TRIAL j If Dented, J-a Rom's Attorneys Will j Make Appeal. j A motion that Jack La Rose be given j a new trial for the murder of Hyman ! Neuman was filed in the Circuit Court yesterday. The verdict returned by the ( jury was murder in the second degree. It is believed that Judge Morow will' deny the motion, after which the at- torneys intend to file a notice of appeal, j As soon as the notice of appeal Is j given. La Rose is to be arraigned and . brought to trial on the charge of as- j faulting John Chong. It Is also ex- pected that he will be compelled to , face the Max Hermann assault charge. Federal Timber Case Fails. j After being out less than ten minutes. ' a Jury In Judge Wolverton's court yes terday afternoon returned a verdict of not guilty in the case of Richard John son, who lives on a homestead near Grants Pass. Johnson had been arrested by the Government agents charged with cutting timber on Government lands. Johnson took the witness stand and swore that he had taken up the land as a homestead ana mat ne nao conipneo. with the homestead law and was now waiting for his patent. Attorney R. G. Smith, of Grants Pass, represented the defendant. CHIIICHES TO JOIN IN OBSERV ING THANKSGIVING. Sermons and Special Music An nounced at Both Ea.-t and West Side ConRrcgutions. Thanksgiving sen-Ices will be held to morrow In many of the local, churches. In most cases there wlil be special music As in former years, many of the churches wUl hold union services. At the meeting In Centenary Methodist Church at 10:30 o'clock, pastors from the Sunnyslde. Woodlawn. Grace and Centenary Churches will be present. Dr. W. B. Hollings head. District Superintendent, will pre side. The sermon will be delivered by Rev. TV. T. Fustic. D. D.. of Sunnyslde Church. Music will be furnished by the Centenary .Church choir, and a quartet and chorus under the direction of Pro fessor C. E. Patterson. Professor Boone, of Corvallis. will preside at the organ. Cnlon services will be held at 11 o'clock In the Cniversallst Church of Good Tidings. East Klghth and East Couch street, by the following congre gations: Temple Beth Israel (Jewish). Church of Our Father (Unitarian), and the Church of Good Tidings. Rev. . G. Eliot. Dr. Jonah B. Wise. Rev. Nehe miah Baker and Rev. James D. Corby will take part In the service. There will be a union Thanksgiving service of the First Congregational. First Christian First Methodist. Grace Metho dist and' St. James Lutheran Churches at 10:30 o'clock tomorrow In the First Christian Church. Park and Columbia streets. Dr. Luther R. Dyott will preach the sermon. - Cnlon Thanksgiving services of all West Side Presbvteriiin Churches will be held in the First Presbyterian Church tomorrow mo.-nlng at 10:30 o'clock. Rev. H H Pratt will deliver the sermon. The Marshall Street Presbyterian Church will hold Its Thanksgiving serv ice tonight at 7:45 o'clock. Rev. D. A. Thompson, of the Sellwood Presbyterian Church, will preach. WILL HAVE KINDERGARTEN Children's Home Hoard Planning New Departure Tea Success. The attendance at the annual pre Thanksgiving tea and candy sale for the benefit of the Children's Home, yesterday afternoon, attested the philanthropic spirit of Portland. The Home has. for some time, been fostering the Idea of inaugurat ing and maintaining a kindergarten for the children of the Institution. While there is an endowment fund, the board wishes, as far as possible, to avoid using this fund for the proposed new kinder garten. Only about 35 of the 51 children being cared for at the H.mie are old enough to attend the Holman school, nearby. This leaves 16 youngsters' over 3, years old and under 6 who are re ceiving only such teaching as the busy nurses and matrons can give them. Plans are being put forward rapidly and the board has had the matter under advisement for some time. The members of the board are Mrs. H. U Pittock. Mrs. W. B. Roberts. Mrs. Bertha lowenberg. Mrs. James D. Hart. Mrs. C. W. Burrage, Mrs. A. J. Meier Mrs. M. C. George. Miss Sallie Lewis. Mrs. Richard Koehler and Mrs. Max Fleischner. The president of the society is Mrs. P. J. Mann. 'Yes terday afternoon the big. well-lighted rooms at the home were' most beautifully decorated for the tea, and the tables were handsomely appointed. In charge of the cRiidv booth were Mrs. Harry Allen, Mrs. W. S. Biles and Mrs. Julius Lippelt. who were assisted by a bevy of girls Miss Malda Hart. Miss Ines Barrett. Miss Amy Heitshu. Miss Ernestine Failing and Miss Lowenberg. Presiding at the tea tables were Mrs. Thomas Kerr. Miss Salllo Flanders. Mrs. Gus Simon and Mrs. J. X. TVal. The hosteas of the afternoon was Mrs. T. !. Elliott, tlrst vice-president, who was assisted In receiving by several officers of the society. DECRIES POOR STREETS Head or Marshall-Wells Says Thai Wholesale District Is Behind. A. M. Marshall, of the firm of Marshall-Wells Hardware Company, ar rived lu Portland yesterday from Ills home In Duluth, Minn. He stopped on his way at Spokane, where his com pany is erecting a new building. About a year ago the firm bought two blocks in the northwest end of the city through Charles K. Henry & Son. be tween Fourteenth anil Fifteenth and Johnson and Lovejoy streets. It Is the Intention of the company to erect a large business structure on the site for its own use. but it has not yet de cided when building operations shall begin. Mr. Marshall said yesterday that, while he was pleased to observe much growth arid Improvement in Portland since his last visit. Jie was disappoint ed to find that strcetwork in the northwest district was so long delayed. He was emphatic in saying that the lack of good streets in the wholesale district will result In keeping the city back. CARD OK TH ANKS. The Portland Fruit and Flower Mis sion desire to thank the Needlework Guild of America for the generous do nation of America, FU Our stock comprises the largest assortment in all qualities from the low and moderate priced furs to the very finest. But whatever Hie price, the workmanship is the very best, and the value likewise. "Liebes" quality is always a guarantee. Make your -selections now while the assortments are complete. Christmas is not so far away as you think, and now is the best time to select furs. e will hold them until Christmas if desired. We Quote a Few of the Many Medium-Priced Pieces River Mink Small four-in-hand. ......$ 4.B0 Scarf $ 4-50 Animal Scarf $ 8.00 Shawl Scarf $ 9-00 Animal Scarf $11.00 Stole $10.00 Muff $ 7.50 . Japanese Mink Four-in-hand $ 9.50 Animal Throw Scarf $12.50, $16.00, $20.00 Shawl Scarf. ..$25.00 and $30.00 Animal Stole. $25, $35 and $40.00 Flat Muff. . :. . .$12.50 and $15.00 Animal Muff . .$20,000 and $25.00 Sable Fox Two-Skin Bna $12.50 Shawl Scarf $12.50 Animal Stole $22.50 Animal Muff $15.00 Send for new catalogue. Children's Sets in all kinds of Fu $1.50, $2, $2.50 and up. Prompt attention to mail orders. H. Liebes & Co. JOHN P. PLAGEMANN, Manager 288 Morrison St., Corbett Bldg. FRANCHISE CAUSE OF SHARP DEBATE Kellaher Tries in Vain to Se cure Passage of Com mon User Clause. BAKER IS CHIEF OPPONENT .Scores Mayor Lune and Fellow-Mem-bers as Obstructionists Ordi nance Is Referred to City Attorney Kavanaugh. By the Introduction of a common user amendment to the proposed fran chise sought by the Portland Railway, Light 4 Power Company, Councilman Kellaher yesterday aiternoon precipi tated a debate, which ended In a de nunciation of Mayor Lane and Council men Kellaher and Vaughn by Council man Baker. The letter official charged that neither of the three named had done anytnlng during their official careers to advance the Interests of the city, but that they have continually, bv their attitude toward capital, done much to retard the growth of Port lord and to discourage others who have tried to bring in people with money to make of this a great metropolis. After spending the entire day consid i, nr,, miseri franchfses. covering AO new lines and extensions, the Coun cil adjourned. The b'anket franchise, Including the 40 lines and extensions, lias only been put through its initial trial, and will now be sent to City Attorney Kava naugh for a checking up. It will be returned to the Council when certain amendments and any other matters he may deem wise are ready for the further consideration. , Says Amendment Is Unfair. When Mr. Kellaher Introduced the amendment for a common user clause, Mr. Baker declared himself opposed to it. He .ild It did not seem to him fair to Insert the clause giving other roads the privilege of using lines built up and made profitable by the Portland Railway. Light & Power Company, merely by paying a small rate therefor. Mr. Vaughn and Mr. Kellaher then explained their attitude, each saying tluit the common user clause has been incorporated in the franchises of the Tnited Railways Company, the Mount Hood Railway Power Company and the Oregon Klectric Company, and they could see no reason why It should not be Incorporated into this proposed franchise for the Portland Railway. Lipht & Power Company. If it is fair for one." said Mr. Vaughn, "it Is fair for all. and I tell you right now that, it this Council does not incorporate the common user amendment into this franchise, the Chief Kxecutive will veto it, and I doubt If enough votes can be mus tered to pass It over his veto." Baker Replies to Vaughn. "That Is Just it." repllea Mr. Baker. "The Chief Executive will veto it; that Is the kind of talk that has kept Port land back for years. He will veto it, perhaps, but I duubt if the Mayor or Counciimcn Kollaher and Vaughn can point with pride to anything they have ever done to assist in making; Port land a great city. On the other hand, they have done a whole lot of things to retard its growth and check Its pro gress." Mr. Va-ighn heatedly replied that he had at least "treated all alike," and said he defied any one to show where ii. had ever cast a vote, making "fish of one and flesh of another." Some Counciimcn. he said, could not say as much, but he would name none of TO) BaumMarten Fox One-Skin Scarf .$11.50 and $15.00 Two-Skin Scarf.$22.50 and $27.50 Shawl Scarf 820. $25 and $30 Stole $40.00 and $45.00 Animal Stole... $30, $45 and $60 Flat Muff $15.00 and $20.00 Black Wolf Throw Scarf. . .$14.00 and $17.50 Shawl Scarf $18.00 Flat Muff $12.50 and $14.00 Sable Squirrel Four-in-Hand $ 6.00 Animal Scarf $ 5.50 Collar $13.50 Animal Scarf $15.00 Animal Scarf $20.00 Flat Muffs... $8.50,. $15 and $20 Gray Squirrel Scarf $ 4.50 Animal Scarf. $11, $14 and $17.50 Throw $17.50 and $30.00 Animal Muffs.. $15.00 and $20.00 them, he said. Mr. Kellaher made no reply, but argued repeatedly for the common user umendment, which failed of passage, but was sent to City At torney Kavanaugh, with other matters for consideration. There is" a charter provision which makes It obligatory to Insert the com mon user Clause In franchises for "com mercial" railroads. Frederick V. Hol man, chief counsel for the' company, said ho believed the courts would hold that a steetcar line is not a "com mercial" road. and ' Mr, Kavanaugh said he believed the contention well taken. At. any rate, there Is a section In the franchises, making all charter provisions effective. Mr. Vaughn tried to address some personal remarks to Mr. Baker. but was declarvd by President Rushlight to be out of order, unless the Council voted special permission. Air. Vaughn asked for this, but his request met with some pointed remarks. "What do we care for Councilmen Baker and Vaughn's opinion of each other?" asked Councilman Bennett. "We want to. get down to business." "Go into the ante-room and fight it out." suggested Councilman Driscoll. "I fight out my battles right on the floor of tnis Council." shouted Mr. Vaughn, who was again called to or der, and he then took his seat. In discussing the date of the expira tion of the franchise, when Council man Wallace moved that it be set for December 31. 1932, Mr. Kavanaugh asked If all the franchises expire simul taneously, and It developed that they do not. In reply to a question, Mr. Holman said the company contends that It haR a perpetual franchise so far as the lines of the old Oregon Water Power Company is concerned. The date was finally fxed as proposed by Mr. Wallace. At the conclusion of the session. Mr. Holman announced that the company is willing to accept the wish of Mayor Lane that the Council shall be request ed in each instance when the company wishes to change from a double to a single line or vice versa. During the morning session, Mr. Kellaher tried to secure the passage of an amendment, fixing five cents as the maximum fare to be charged on any line .entering the city, more par ticularly the proposed line to the Swift packing-houses on the Peninsula. The effort failed, however, and from the inference drawn from remarks by Vice President F. I. Fuller, for the company, a 10-cent fare will be charged there. MEN'S W00L COATS $1. Vests of pure wool cloth.. $0.50 Youths- Suits, sizes to 35 $3.60 Men's Pants, splendid goods $1.00 Boys' Knee Pants, ages 6 to 15 25 Men's All-Wool Suits $5.00 Men's fine Al-Wool Overcoats.. $1.1.30 At the closlng-out sale of the whole sale stock. Front and! Oak streets, in the wholesale district- PRESENTS FOR SMOKERS Slchel is closlnfr out his entire stock of Bmokera' novelties, as the room Is needed to meet, growing- demands of cigar trade. Prices are greatly reduced many cut right in two thus affording an excel lent opportunity for Christmas purchas ers. Kvery nrtirle must go. Certain good results from the use of Grape -Nuts accumulate like snow on the ball the bov rolls down hill. "There's a Reason. The Empress Nippon is in The Princess Nippon K Friday The Most Beautiful, Practical, Comfortable Goat Ever Made i ill fftiSlBllift 'I f :y - r IMHHH r I vm my . -W ' 'It !i !" ' ' - - .V5;- '"' 't J-- l S " ' ' ' f- ' l ;' Jif ill 4S ! .J iff-. 7VvC V x! I . . jr?. ;fy X "-i IllliM .. . ...... Mty j Thanksgiving Bargains All Fall -Style Are Being Sold $10.00 Coats ffC $20.00 for PJ for Suit Special Today $19.00 ACHESON CLOAK AND SUIT CO. 148 THOMPSON'S Give the Best Results THOMPSON JrrSper. Second Floor Corbett Building, Fifth and Morrison Streets HOTEL Washington Annex O) SEATTLE All modern outside rooms with every con venience. Free uto-'bu meets trains snd yw. J. H. DAVIS, Prpprietof JiK-'siL.flir it" wr American THE NEW STYLE C Coats, Such as l0 rC by bv Other Stores ' w -. rt j Coats CIA $3U.UU Uoats i-v tor Fifth Street -Achieson Building EYEGLASSES Diseases ofMen Varicocele, Hydrocele, Nervoua Debility, Bloo4 Folaon. Stricture. Gleet. Prostatic trouble ena all other private dla eaies are successfully treated and cured by JkX. about your caae it lW too want reliable af?!A It treatment with prompt ffia jewel I Umi ,nfl permanent results Consultation free and Inrll A" mT, tlona satisfactory and 0nd,?l"t.. IB to 11 hours A. M. to P- Suar to 1 Call on er addreee DR. WALKER 1S1 Firat St. Cr. Yamhill. Portland, Or OATS For Today Tnflav . . tr j r rn r m rx. ff 1 1 w.uu .oats y ior T INSTRUCTION enables each student to advance In dependently of all others, and avoids the embarrassment of class work and recitations. Our large teaching force makes this plan possible. Let us tell you all about our sdiool the most complete and best equipped In the Northwest. Call, telephone or write for catalogue free for . the asking. PORTLAND BUSINESS COLLEGE "The School of Quality," Tenth and Morrison, Portland, Oregon. A. P. Armstrong. LL.B.. Principal. HAND FOR TOILET AND BATH Delicate enough for the oftesl skin, and yet efficacious in removing any stain. Keeps the skin in perfect condition. In the bath gives all the desirable after-effects of a Turkish, bath. It should be on every wash stand. ATJ. QSrOCEBS AND DRUGGISTS