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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 30, 1913)
18 THE MORNING OREGONIAN, THURSO A. Y. JANUARY 30, 1913. DIVORCE OFHOLTON "SET ASIDE Blf COUBT Wife No. 2, Annexed in Decem ber, 1910, Now Has No Legal Standing. 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 Company. FEBRUARY RECORDS For Columbia or Victor Ma chines may now be heard and purchased in our Fifth Floor Parlors. rgT9i3 NURSERY On the Fourth Floor "Where mothers may leave their infants and chil dren in care of trained nurse while shopping. TEA ROOM On Seventh Floor. A most enjoyable Luncheon, served from 11:30 A. M. to 2:30 P. M. daily. Or chestra music. 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 name. 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 i 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 as $50,000. 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 Oriy 2 lore Days Every Section of the Store Makes Preparation Offering New and Wanted Merchandise Special Groups at Prices That Have Reached the Bedrock Mark Women's $1.95 Night Gowns at 95c 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. Women's $2.48 Combinations at $ 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 $3.00 Waists $1.38 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 $4,75 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 Introductory Offer 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 Fisher's Blend. 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 $1.00 Each 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;." I 1 y $2 to $20 Lace v Curtains at Just 12 Price 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. J Women's Long Cheney Bros.' $ 1 V Foulards at, Yard 79c 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, only 50 Fancy Dry Apples, 24 pounds, only 25 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 pound, 32c Lima Beans, 3 lbs. spe. 25 Astor Milk, 4 cans special 30 Quaker Oats, family-size pack ages, 25$ Silver Gloss Starch, 3 packages for 25 G. B. Corn Flakes, 3 packages at 25? Friday Special Soap, 10 bars only 25 Fancy Pumpkin, 2 cans, special at25t Royal Banquet Flour, barrel, S4.70; sack, S1.20 Pure Food Grocerrr Basement Mall Order Filled. Kimonos, Special 98c 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 $1.25 Neckwear at 25c 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 rSto $15Centersv Scarfs, Pillows at $4.98 Of hand-embroidered linen. All lace trimmed and fringed. Your choice while any of them remain today at only $4.98. Third Floor. Main Bulldlna-. stock. $6000. fully subscribed by the Incorporators. 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 College." 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 action. 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.