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that Section IT was repealed by Section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