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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 30, 1913)
THE MORNING OREGONIAN, THURSO A. Y. JANUARY 30, 1913.
"SET ASIDE Blf COUBT
Wife No. 2, Annexed in Decem
ber, 1910, Now Has No
TRICKY METHODS REBUKED
Wife's Story Is That Husband, About
- to Hare Name legally Changed,
Made Hrr Believe Divorce
Was Xecessary Formality.
A decision made by Justice Burnett,
of the Supreme Court, Tuesday bad
the effect of restoring Mrs. Josephine
Holton. nee Krebs, to her former place
a the wife of Frank S. Holton and
Informing Jean Clark, a woman whom
Holton married In December, 1910, that
suit appeared and consented to the al
lowance of tiie motion to correct the
complaint and findings. Overruling the
objections of the defendant, urged by
her counsel under her special appear
ance, the court, on May 15, 1911, entered
nunc pro tunc' as of February 24, 1910,
an order allowing the motion and mak
ing the alterations desired."
"I certainly will continue with my
divorce suit,- said Mrs. Holton yester
day. "There is not the slightest dan
ger of my taking another chance with
this man. Fortunately, the Supreme
Court decision removes the obstacle of
the Washington County divorce, and
leaves me with the whip hand.
Attorneys declare that the decision
of the Supreme Court may lead to con
siderable confusion, as it amounts to
a pronouncement by the court that a
divorce complaint lacking in tne state
ment of a Jurisdictional fact cannot
be cured bv nunc pro tunc order. It
is believed that there may have been
manv divorces In the past in which the
Jurisdictional fact that the plaintiff
has been an Inhabitant or tne state
for a year was omitted and It Is point
ed out that the legitimacy of children
is probably Involved and that In add!
tion a cloud probably has been cast on
the title to much property. Holton's
attorneys declare that they will seek
a rehearing by the Supreme Court
Charge Accounts Tomorrow and Balance of Month Go on February Bills, Payable March First
Here Exclusively "Perrin's" Gloves, "Cousins'" Shoes, "Silkmaid" Hosiery, "Eppo" Petticoats
MAIN WATER BILL PAY
STATION In Basement Main
Building. In conjunction with
branch of American Express
For Columbia or Victor Ma
chines may now be heard and
purchased in our Fifth Floor
NURSERY On the Fourth
Floor "Where mothers may
leave their infants and chil
dren in care of trained nurse
TEA ROOM On Seventh
Floor. A most enjoyable
Luncheon, served from 11:30
A. M. to 2:30 P. M. daily. Or
EX-CONVICT GIVEW CHANCE
Horner Baker Allowed Freedom on
Promise of Good Behavior.
Without passing sentence Circuit
Judge McGinn yesterday released
WOMAN WHO BECUEZ3 ANNULMENT OF DIVORCE AND HER. BAST.
l ' :
I j w.J.!J
she has not been the legal wife of the
man with whom she lived for more than
two years In that capacity.
Justice Burnett set aside a divorce
which Holton secured In Washington
County in December, 1910, on the
ground that the complaint failed to
allege that the plaintiff had been a
resident of the Btate for more than a
year. Through a mistake on the part
of the attorney for Holton, It was re
cited In the complaint that the defend
ant had been a resident of the state for
a year and more and failed to allege a
legal residence for Holton, the plain
tiff. Connected with the case Is a story of
a confiding woman, who took her hus
band's word for It that a divorce was
necessary In order to legalize his
change of name and wno later found
that the divorce was only a formality
and that six months of living together
after It was granted would act auto
matically as a legal remarriage. These
are the charges which Josephine Hol
ton mado against Frank S. Holton U
her salt, started In the Circuit Court
of Multnomah County to set aside the
divorce on the ground of fraud and se
cure a decree herself.
IMvoree Granted la a nay.
To begin at the beginning, a man call
ing himself Frank Holton became the
husband of Josephine Krebs, sister of
the Krebs brothers, prominent hop men.
at Vancouver. Wash.. January 4, 1908.
About fonr yeara later Mrs. Holton. nee
Krebs. according to her story, discov
ered that her husband's real name was
Sedgast and she upbraided him and
insisted that he have It changed legally
to Holton. She asserts that he talked
her Into believing a divorce would be
necessary and that he hired his own
attorney and another to rep
resent her. The divorce com
plaint was filed at Hlllsboro.
February 23. 1910. and the fol
lowing day the decree was granted.
Mrs. Holton's attorney, bearing written
authorization to appear for her. having
malved time in which to answer and
consented to an immediate default be
ing taken. '
To continue with the woman's story,
the two lived together - a long time
thereafter as husband and wife, but
along In February. 1911. Mrs. Holton
discovered hat a few months previous
her supposed husband had become the
husband of Jean Clark, a woman em
ployed In his office and with whom he
was associated in the operation of a
building and loan society. Incensed
and outraged, she went to Attorney
T. X. Smith and laid her cae be
for him. He immediately started
suit In Multnomah County to set aside
the divorce on the ground of fraud
and secure a decree for her. together
with a third of Holton's property and
alimony for herself and support for
their child. This case is still pending.
Jn the meantime Fedgast had succeed
ed In ha ing his name legally changed
to Holton, and he was sued under this
Circuit Jndxe lleveraed.
Then Attorney Smith discovered the
mistake in the Washington County
pleadings and moved against the di
vorce along this line as promising
MUlckest results. Holton's attorneys
then moved for a "nunc pro tunc" or
der making the change in the complaint
which would act to legalize the divorce
and. over the objections of Mrs. Hol
ton's counsel, the motion was allowed
by Circuit Judge Campbell. It was
from this order that an appeal was
taken, resulting in reversal Tuesday.
"Its lack of jurisdiction having been
apparent on the face of the record, the
court 'In limine" ought to have refused
to proceed further." says Justice Bur
nett In referring to Judge Campbell's
action In making the "nunc pro tunc"
order. "After decree, when the matter
was called to Its attention, even In
formally. It ought to have swept It
from Its records, especially In a case
so permeated with collusion as this was
at the outset."
Tn reciting the facta surrounding the
granting of the "nunc pro tunc" order,
the Supreme Court decision says:
Mnu Holloa WIU Proceed.
"Tisregardlng the retainer and ap
pearance of other counspk the attorney
engaged by the plaintiff to represent
the defendant at the beginning of the
Homer Baker, ex-convict under Indict
ment for burglarizing the home of Mrs.
EL E. Hewett on the night of Decem
ber 8, to Superintendent MacLiaren, of
Portland Commons. The judge per
mltted Baker to withdraw his plea of
guilty and then let him go on his own
recognizance, first having Baker sign a
bond, really amounting tp nothing
more than a promise, that he will be
good In the future.
While admitting that the bond Is not
worth the paper It Is written on for
the purpose of compelling Bauer s ap
pearance In court . should he commit
another crime or leave town. Judge
McGinn says he had It executed for
the purpose of showing Baker that
someone still has faith enough in mm
to ask him to sign a paper and expect
him to live up to his agreement.
The burglarizing of the Hewett home
took place within a few weeks of the
time Baker was released from the rent
tentlary at Walla Walla, under the
walls of which his wife had taken up
her residence and lived continuously
during the several years of his in
carceration, waiting for him to regain
his liberty and start with him anew.
The woman's faithfulness was a
larce factor In Inducing Judge McGinn
to give Baker another chance. Kd
Franks, who participated in the Hewett
burglary, is serving time in the peni
tentiary at Salem. Ho pleaded guilty.
GERMANS HELP NEEDY
General Aid Society Plans Addition
to Home for Old Folk.
The annual meeting of the General
German Aid Society was held at Its
halL Eleventh and Morrison streets,
last night. The report of John Reis
acher, president, showed that the so
ciety. Including its AJtenheim, has in
come-bearing property valued at near
ly $:I00.000 and that soon a new ad
dition will have to be made to the
Altenbcim to accommodate all of the
applicants who have been favorably
passed on and found worthy.
The organization is 41 years old and
wholly supported by the voluntary con
tribution of Its members. All worthy
German-speaking people, desirous and
in need of assistance, will receive It.
but drones and other unworthies do
not become a beneficiary of the So
ciety's help or bounty, the Idea being
the perpetrate the latneriana sioiz
(prlde by placing each one In a
position where they caln help them
selves. The following officers were elected:
President, John Keisacher. (re-elected
for the list time): vice-president.
Charles J. Schnabel. re-elected 19th
time: secretary. H. C. Bohlmann. re
elected the 10th time: treasurer. Peter
Wagner, re-elected third time; direc
tors. Charles Hegel. Charles Grltx
roacher, Henry Albers. George Otten.
Louis Keuhne. C. Hippele. Fiorina
Fuchs. C. H. Meusdorffer. Fritz Nik las,
Fritz Ellers and A. Sallng.
BABY HOME CHANGE MADE
Machinery and Lumber Companies
File Articles of Incorporation.
Xew articles of incorporation for the
Baby Home were filed at the Court
house yesterday by Elizabeth P. Burns,
Mrs. Tesste Klelschner. F. S. Akin, A.
L. Keenan, Mrs. Fred Johnston, Charles
H. Dodd. L. K. Kern and Mrs. George
B. Cellars. oCTicers of the institution.
The difference from the previous
articles is that capital stock of 11000 is
eliminated ami the home becomes in
effect a charitable institution depend
ing for Its support on donations and
subscriptions. This alters its legal
status. The present value of property
belonging to the Baby Home is given
Other articles of Incorporation were
placed on file as follows:
Pacific Machinery & Tool Company,
by Kdward D. Ulrich. O. J. Ulrlch, Fred
liyskell anl Charles M. Hyskcll; capital
Every Section of the Store Makes Preparation
Offering New and Wanted Merchandise
Special Groups at Prices That
Have Reached the Bedrock Mark
Night Gowns at
Pretty slipover styles for women and
misses with V or square neck. Pleas
ingly trimmed with dainty, emb. or
laces. Specially priced at only 95.
Second Floor, New Building, f
Men's $15-$I6.50 Suits $10
Think of purchasing from our regular stock of $15
and $16.50 Suits at only $10! They're broken lines
that's the reason for the big reduction. Every Suit of
all-wool and in styles suitable for early Spring wear.
Choose todav. while the lot remains, at only $10,00.
Third Floor, New Building. Mall Orders Filled.
$ 11 9
Two lots of odd sizes, corset cover
and drawers, princess style, nicely
trimmed in dainty laces. $2.48 grades at
$1.19; $1.25 to $1.75 grades at 95.
"X Second Floor, Kerr Building, f
y Women's $2.50
Tailored styles of white linen and
striped madrases. Several styles, regu
lar sizes, some slightly soiled. Your
choice for only $1.38.
Second Floor, Main Building..
y Women's $7.50 S
to $ 1 5 Coats at
For women and misses. Semi-fit, box
and Norfolk styles in 36 to 45-inch
lengths. Newest fabrics and shades; 14
jts to 44 bust measure. Choice $4.75
Second Floor, Main Building.'
Already, The Flour That Satisfies
In Hundreds of Portland Homes--
Only three days since the famous Fisher's Blend
Flour was introduced here in our Pure Food Grocery
to the housewives of Portland! And these same house
wives have been quick to grasp the greater possibilities
in baking with a recognized scientific blend of the
Eastern hard wheat and Western soft wheat that's
Fisher's -Blend Flour!
Ask About Our Special
To introduce Fisher's Blend Flour into every home,
bakery and boarding house, the Fisher Flouring Mills
Company offers to our patrons of the Pure Food
Grocery, a coupon bearing cash value of 25c when ap
plied to your first purchase of a 49-pound sack of
A Demonstration to Tell You
about the wonderful and superior qualities of this all
purpose Flour. Come to our Pure Food Grocery to
day and enjoy the special demonstration of Fisher's
Blend Flour. You'll be pleasingly surprised with the
results the deliciousness and wholesomeness of bread
made from Fisher's Blend Flour. Give it a trial
you'll not be disappointed. Order a sack today!
$2.50 to $3.50 S
Odd Portieres at
Of plain Reps, Oriental or floral de
signs. Suitable for single doors or couch
covers. While any remain, take your
choice at $1.00.
Third Floor. Main Bnlialna;."
y $2 to $20 Lace v
Curtains at Just
Only one pair of a pattern. Of Not
tingham, Cluny, Irish Point and a
pleasing variety of scrims. Take your
choice todav at ONE-HALF.
""" .Third Floor. Mala Balldln.
Cheney Bros.' $ 1
Foulards at, Yard
The showerproof silk quality that has
won such wide popularity. Sold here in
greatest variety of patterns. Specially
oriced at this sale for, the yard, 79
F1rt Floor. Main Bnlldtng.'
Pure Food Grocery Specials
Phone Orders TaKen After 7 AM.
Sliced Peaches, 3 large cans,
Fancy Dry Apples, 24 pounds,
L. & M. Raisins, 4 pounds 256
Walnuts, special per lb., 18
Wadco Baking Powder, lb. 17
Salmon, 2 large cans, spe. 25c1
Citron, Lemon and Orange
Peel, pound, 17
Walter Baker's Chocolate, per
Lima Beans, 3 lbs. spe. 25
Astor Milk, 4 cans special 30
Quaker Oats, family-size pack
Silver Gloss Starch, 3 packages
G. B. Corn Flakes, 3 packages
Friday Special Soap, 10 bars
Fancy Pumpkin, 2 cans, special
Royal Banquet Flour, barrel,
S4.70; sack, S1.20
Pure Food Grocerrr Basement Mall Order Filled.
Of outing flannel and twilled flan
nelette. Made full length in loose or
empire style, with V neck or square
collars. Today 3-our choice at only 98
S Second Floor, Main Bnildlng.'
Women's 50c to X
Accumulation of odd pieces in a
great variety of dainty : styles. Must
be disposed of at once and jrou may take
your choice at, each, 256.
F1r Floor, Main Buildlnc,
f7 ffh.Aixfk.Moriiaaa. Afden d5feefA
Scarfs, Pillows at
Of hand-embroidered linen. All lace
trimmed and fringed. Your choice
while any of them remain today at
Third Floor. Main Bulldlna-.
stock. $6000. fully subscribed by the
Mutual Lumber company, Dy tnnries
Tnhna Claude M. Johns and Vera E.
Taylor; capital etock, 1200,000.
Gastlo Rock Bids for College.
Castle Rock, Wash., is making a
vigorous effort to secure the Union
College of the conferences of the
United Evangelical, Evangelical Asso
ciation and United Brethren churches
of Oregon, Washington and Idaho. C
Poling, chairman of the college site
subcommittee of the Union College
commissioners, returned yesterday
from a visit to Castle Rock, where he
held a conference with leading busi
ness men. Mr. Poling was impressed
with the enthusiasm of the people of
that district He said that they are
working effectively to secure the
location of the Union College. They
are offering a BO-acre site finely
located, he says. "Castle Rock has
about 800 population," said Mr. Poling,
"but the country Burroundlng Is well
settled and It has excellent railroad
facilities. The whole surrounding dis
trict is interested in the project. I
expect to return there Saturday and
address the Grange. Castle Rock is a
formidable competitor for the Union
MAGUIRE MAYQUIT COUNCIL
Preparations to Enter Mayoralty
TSace Are Being Made.
Councilman Maguire probably will
resign, from the City Council in about
one month, when he starts out on his
active campaign for the Mayoralty, he
said last night. He denies that the
Working Men'a Political Club indorsed
Mayor Rushlight as against him. as
was reported, but says "90 per cent of
that story Is a falsehood."
"I may resign when I begin my cam
paign for Mayor." said Mr. Maguire. "I
have no authority to give out what
action was taken by the club referred
to, but you can quote me as saying
that 90 per cent of the story is false."
Mayor Rushlight's friends declare
that he won a big victory over Ma
guire. who waa said to have been
strong with the labor unions. They
declare that the Mayor was Indorsed
as against Mr. Maguire for' a second
term, although he has not as yet de
clared his intention of running for tlio
office again. It was reported that Mr.
Maguire had threatened to resign from
the City Council as a result of the
Removal S. P. Ticket Orrico.
The Southern Pacific city ticket of.
flee will be located on and after Febru
ary 1st In their new office, corner Sixth,
and Dak streets. Phones Marshall 4.'00,
Home, A 6111.
COLDS CAUSE HEADACHE AND CRIP.
LAXATIVE BROMO Quinine removea tarn
cause. There le only one "BROMO WUININK."
Look far signature of E. W. GROVJS.