THE MORNING OREGONIAN, WEDNESDAY, FEBRUARY 16, 1916.
COURT LETS CHILD
STAY WITH FATHER
Boy of 8 Twice, Flees From
Mother and Judge McGinn
, Changes Award.
LAD'S CHOICE RESPECTED
tT.-njob A. Webber Gets Custody, but
Court Says in Time Boy. Will
Lioarn Mother Is Best, Friend.
' . Attorney Draws Kebuke.
' "A rhild of his a?e is mamma's boy
T hen ha is -with his mother and papa's
boy when he is with his father, but
after a while he will learn that a boy's
best friend is his mother."
Tt-'s is what Circuit Judge Henry
:. McGinn said to Jacob A. Webber and
Mrs. Grace Webber when they ap
peared before him yesterday afternoon,
t ach seeking- the custody of 8-year-old
Kenneth Webber.
But the boy. asked to choose between
bis parents, went to his father. The
lad's choice ruled the court, and the
order of Judgre McGinn was that the
father, to whom the boy had twice
Jled after being- legally taken by the
mother, who originally had custody of
Hie boy. was to keep Kenneth.
Boy's Choice Hmprfffd.
"When the boy wants to go to his
mother, as he no doubt late- will, he
will have that chance." qualified Judge
MaGinn. "She ought to be able to !;eep
him. and the boy ought not to be
weaned away from his mother. In
time to come he will know what his
mother has done for him. He doesn't
know now. but when he is about 14 or
J5 years old. ho will surely understand
nis mother's sacrifices for him. At
this time it would be all wrong to
Induce him, sc;ainst his will, to go to
her.
"I wish he would spend half the
time with his mother and half the time
with his father. I would like that bet
ter than anything- else. If he will not,
he shall not be forced to."
The Judge further said that one rea
son the boy wanted to be with his
father was that he wanted to be with
his 14-year-old half brother, a prom
ising chap.
Mr. Webber desired to keep a piano
-that the wife wanted.. Judge McGinn
i-sked which of the two played the
piano, and Mr. Webber adm.'tted that
his wife did. The court awarded the
piano to the wife.
Court RebnkeM Attorney.
Attorney Harold W. Strong's peti
tion for Mr. Webber's personal prop
erty brought forth a rebuke from the
court.
"Mr. Strong, you are too small," said
Judg-j McGinn. "Get in-and become a
little larger. You can always find
trouble if you go around with a Ynicro
Ecope looking for it."
In the decree of Judge McGinn on
October t the custody of the child and
$2500 permanent alimony were granted
Mrs. Webber. Since that time the
rhild refused to stay with his mother
or in the Holy Cross School, where
she placed him, but ran away to his
father and went to the Buckman
School with his brother. Twice, the
last time Thursday, Mrs. Webber le
gally "kidnaped" the youngster from
the school.
The boy returned to his father's
borne. 675 East Irving street, yesterday
afternoon.
ALCOHOL THEORY IS HIT
- Manufacture From Cider In Cream
Separator Held Impossible.
OREGON CITT, Or.. Feb. 15. (Spe
rial.) There is no use worrying over
the legality of alcohol made from hard
rider with the aid of a cream separator.
The Clackamas County farmer who has
aeked District Attorney Hedges to pass
upon the legality of alcohol made in
this manner had better center his at
tention on his barn and crops and for-
Ket possible evasion of the prohibition
law. and District Attorney Hedges and
bis helper. Deputy Attorney Burke, no
longer need thumb through court de
risions and statutes, according to W. A.
j-"roctor. one of the most prominent res
idents of the eastern part of the county
who is now in Oregon City attending;
b session of the grand Jury.
Mr. Proctor's explanation is simple.
it is impossible to manufacture alcohol
Irom apple cider by running it
through a cream separator, he declares.
PERSONALMENTION.
Harry White, of Camas, is at the
Eaton.
E. S. Prouty, of Seaside, is at the
Oregon.
If. J. Shesher, of Astoria, is at the
Oregon.
M. Seufert, of The Dalles, Is at the
Oregon.
P. M. Scroggin, of Lebanon, is at the
Terkins.
K. A. Harris, of Hlllsboro, Is at the
Seward.
C. S. Frank, of Eugene, Is at the
Imperial.
John H. Lewis, of Salem, is at the
Imperial.
A. X. Orcutt, of Koseburg-, is at the
Cornelius.
A. J. Ahola, of Goldendale. is at the
Cornelius.
Mr. and Mrs. W. If. Kdwards. of
Woodland, are registered at the Cor
nelius. Ray H. Clarke, of Spokane, is at the
Portland.
R. McMurphy, of Eugene, is at the
Portland.
H. H. Wikoff, of San Francisco, is at
the Seward.
A. C. Wheeler, of Hall, Wash., is at
the Eaton.
W. P. Kly, of Kelso, is registered at
the Imperial.
Mr. and Mrs. Roy Arnold, of Salem,
are at the Oregon.
Mr. and Mrs. Nr. Selig, of Falls City,
are at the Eaton.
J. P. Livingston Is at the Nortonist
from San Francisco.
O. A. Petersen, of Petersen's Land;
ingr, is at the Perkins.
B. M. Rowney is registered at the
Nortonia from Seattle.
Mr. and Mrs, D. Ximrock, of Fargo,
Wash., are at the Eaton.
Mr, and Mrs. AV. E. Barnes, of Asto
ria,, are at the Portland.
Dick Smith, a Corvallis merchant, is
registered at the Perkins.
Mr. and Mrs. P. L. Waismith, of Cal
gary, are at the Portland.
Mr. and Mrs. A. J. Johnson, of Cor
vallis, are at the Seward.
James Bernard, of Wilson, Idaho, is
registered at the Nortonia.
Mr. and Mrs. Thomas Ritch, of Baker,
are registered at the Imperial.
Mr. and Mrs.' F. B. Shannon, of
Walla Walla, are at the Seward.
George P. Putnam, of Salem, Govern-
AMERICA CONCEDES
RIGHTS OF ALLIES
New German Policy Not to Be
Approved Unless Entente
Formally Consents.
LAW NOT TO BE CHANGED
Slate Department Now Considers
AVholo Issue as Turning About
Question What Constitutes
Defensive Armament.
WASHINGTON, Feb. 15. The United
States, it was said by high authority
at the State Department today, con
YOUNGSTER LEGALLY "KIDNAPED" BY MOTHER AWARDED TO
FATHER, WITH WHOM nE IS HAPPIER.
, i X . t '.
I ' , L r " r ' -
( ' V ' ; : ' ;
: t " . i'C I - I . .
. - V"v I , 1 - ' -r$
on a resolution introduced today by
Senator Sterling-, of South Dakota,
which would put the Senator on record
as viewing with "anxious concern" the
recent order of the German Admiralty
that after February 29 armed merchant
ships of the allies, whether armed
merely for defensive purposes or not,
may be sunk without warning.
Senator Lodge, ranking Republican
member of the Senate foreign relations
committee, and Senator Sterling al
ready have given notice they will ad
dress the Senate on the subject and
it is expected that their remarks will
again arouse general debate over prob
lems growing out of the war.
Administration leaders, however,
hope to limit such a discussion as much
as possible. -
. Senator Sterling's resolution refer
ring to the German order, sets forth:
"Such an order, if put into effect,
will constitute a more serious menace
to the legitimate commerce of all neu
tral nations, and particularly to that
of the United States, than any act of
the belligerents in the present Euro
pean war, and will be in contravention
of a right long recognized by the prin
cipal commercial nations of the world,
including our own."
The resolution further asserts that
"any recognition on the part of the
United States of the contention that
the necessities of war in general or
the exigencies and conditions of. mod
ern submarine warfare are warrant for
the order of the German Admiralty
would be a step backward and an aban
donment of our contentions for the
freedom of the sea." v
Eugene Has Warm February Day.
EUGENE, Or.. February 15. (Spe
cial.) Yesterday was the warmest Feb
ruary day for Eugene in 14 years, ae-
fnrHitiB- tn Weather flhsprvpr Mavn M
lso says it was the warmest day since
October. The maximum was 70 de-
greea.
$
4m
that's the price of some nobby full-w
navy serge suits now on sale. .
See some of them when you're passing
windows. Step inside and tiy on your appro
priate model.
Brewer Hats Always $3 Dunlaps $
BEN SELLING .rF;st-
eight WMl PA
mm1
the mt-w-w'
i Mi M
Wist
LEFT, KENNETH WEBBER. AGED 8YEARS; RIGHT, JACOB A. WEBBER.
i TIRED ALL THE TIME
It is good to feel tired sometimes, Tvhen
Ton have exercised sufficiently to cause a
healthful feeling of fatigue.
But, yon should be refreshed by rest.
A tired feeling that does not disappear
even after a night's sleep is Abnormal.
It means that you are anemic or debili
tated, that you need a tonic to build you
np and fortify your system against such
a condition. If you do not you are in
viting disease because thin blood means
that the body's defense against the in
roads of disease is lowered.
Thin blood is largely the sufferer's own
fault. It results from neglect, because
the blood can be built up. Dr. Williams'
Pink Pills supply the elements that the
blood needs to make it rich and red and
to enable it to carry more oxygen. Build
ing up the red portion of the blood is
simple but because tbin blood does not
rail attention to itself is often neglected.
Have you seriously considered taking a
course of treatment -with these blood
making pills? If you are in doubt write
for information.
Your own druggist sells Dr. Williams'
Pinl Fills or they will be sent by mail,
postpaid, on receipt of nrice 60 cents per
box; six boxes $2.50 by the Dr. Williams
Medicine Co. , Schenectady. N. Y. Write
row for the free booklet "Building Up
the Blood."
or Withycombe's secretary, is at the
Perkins.
' Mr. and Mrs. E. I Touman- "
venson. Wash., are at the Noi coma.
Mr. and Mrs. C. C. Berg, of Hood
Kiver, are registered at the Cornelius.
STORE OWNER VANISHES
OREGOX CITV MAS LEAVES "WILL"
WITH HIS EMPLOYE.
Fulfillment of Threat to Take Own
Life Doubted Became of Report He
Was Seen After Set Time.
!
OREGON CITT. Or., Feb. 15. (Spe
cial.) Where is Elgin Heimer?
Sheriff Wilson is inclined to think
that he is well and sound, despite his
"will." given to Miss Laura Green, of
Canemah, in which he said that by
Monday morning he would be dead, and
that the man now is probably in Marsh-
field.
Heimer; who is 23 years old and a
Swede, has been complaining that he
was ill and Sunday gave Miss Green,
who works for him in his confectionery
store on Seventh street, a "will" in
which he said that by midnight Mon
day morning he would be dead. In the
"will" he left all his personal prop
erty to Miss Green. She now has the
paper, which is attested by Miss Violet
Murray.
Patrolmen- Cooke and Woodward
saw Heimer get on the 2:10. o'clock
southbound Southern Pacific train
Monday morning, after buying a ticket
to Eugene and declaring that nis ulti
mate destination was Marshfield. He
has been In correspondence with a
woman at Marshfield.
BERLIN ACCEPTS CHANGE
r Continued From First Page.)
it was placed beforei the Cabinet was
acceptable to the United States. The
chances suggested at ine urae were
described as being for the purpose of
clarifvinsr the language used. Now, it
is said that the document is just as
the United States suggested it be with
the one exception.
Xatare of Exception Not Told.
Just what the nature of the excep
tion was, was not disclosed tonight.
It was believed, however, that the
wording used in connection with the
reference to the conduct of reprisals
had been modified.
Germany also Is understood to have
authorized Count von Bernstorff to de
clare specifically in the communication
that it Is in answer to the last Amer
ican note on the Lusitania, so as to
direct attention to assurances which
have been given previously in connec
tion with the Arabic case.
Insertions of these provisions was in
formally requested by Secretary Lan
sing, with them included, the formal
document will in itself Je a complete
record of the assurances given, the con
cessions granted and the agreements
made.
End Believed at Hand.
Officials and diplomats said tonight
that if the communication as submitted
tomorrow by Count von Bernstorff con
tained the statement that Germany rec
ognizes liability for the lives of neu
trals lost in tlie commission of an act
such as the sinking of the Lusitania.
probably the last cause of contention
had been removed and that the Ad
ministration could well proclaim hav
ing achieved recognition of all the high
princtpbrtj for which it has contended.
BERLIX. Feb. 15, via London, Feb.
16. Germany's reply to the American,
Government's latest representations re
garding the sinking of the Lusitania
was forwarded to Washington yesterday.
The reply accepts one of the two
changes suggested by Secretary of
State Lansing, but proposes a new
wording for the other.
Switzerland ppends more on relief of ooor I
than dues uuy oilier country.
cedes that the entente allies are within
their rights under prevailing' interna
.v.ial law in arming merchant ships
for defensive purposes, no mater laihat
conditions exist on the seas.
Consequently, it is admitted that,
should the allies decline to adopt the
American suggestion" to disarm mer
chantmen, founded, primarily, on a de
sire to save the lives of innocent non
combatants, this Government cannot
announce its approval of the inten
tions of the Teutonic powers to tor
pedo without warning after February
29 all armed vessels, although various
high officials are convinced that the
position of Germany and Austria is
justified.
Early Inquiry to Be Made.
State Department officials now are
engaged in trying to determine just
what will happen when the command
ers of German and Austrian subma
rines begin to put their new instruc
tions into effect. It is said, too, the
United States in the near future may
make some inquiries as to how the
central powers intend to determine
whether merchantmen encountered by
their submarines are armed.
In response to inquiries regarding
this aspect it was said tonight on Teu
tonic authority that the German and
Austrian governments under no con
sideration would disregard the assur
ances which have been given to the
United States in regard to the conduct
of submarine warfare. Attention was
called particularly to the fact that the
German' government had assured the
United States that liners would not be
attacked without being warned. These
assurances, it was said, had not and
would not be repudiated, and for that
reason liners in service between the
United States and Western Europe
would not be atacked without warning,
even if they have defensive armament
aboard. ,
Teutonic officials were inclined to
believe that such an issue would not
arise, as Great Britain has agreed that
its ships entering American waters
shall not be armed. In both diplo
matic and official circles doubt even
was expressed that the new policy
would affect conditions in the Atlantic,
although it was admitted that should
the Italian government persist in arm
ing its merchantmen difficulty might
arise In the Mediterranean. State De
partment officials recognize that the
action of the German and Austrian
governments is a development of the
partment, however, does not feel obli
gated to take any action in regard to
the broad questions involved, at least
until it has received replies to its own
memorandum to the entente allies re
garding the disarming of merchant
men.
Consideration is being given to the
advisability of amending i the in
structions to port authorities in re
gard to the rights of merchantmen to
arm for defensive purposes and the
limitations of tho armament.
Law ot to Be Changed.
The Estate Department repeatedly has
allowed it to become known, as it did
again today, that it had no intention of
changing the law on the subject of
arming merchant ships on its own ac
count, and that such a move could be
made only with the consent of all the
powers affected. But the United States,
in consideration of the changed condi
tions of naval warfare, can amend its
instructions to the port authorities. It
ight. it was suggested, revise its in
structions so as to permit merchant
ships to clear with guns of a caliber
useful solely for defensive purposes,
and yet not large enough to be effect
ive against submarines at a distance
from which -warning could be given
safely. Under the existing regulations
merchant ships may carry guns mount
ed on the stern of. a caliber up to six
inches. It was suggested that tne
rules might be So amended as- to re
duce the caliber limit to, for instance,
two inches.
The entire matter, as the State De
partment now views it, turns about
the question of what constitutes de
fensive armament.
LIVELY DEBATE IS EXPECTED
Senator Views German Order With
"Anxious Concern."
WASHINGTON, Feb. 15. Spirited de
bate is expected in the Senate Friday
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