TIIE HORNING OREGONIAN. WEDNESDAY, SEPTEMBER 20. 191G.
NOTARIAL 'WEDDING
IS DECLARED VALID
Main Contention Won by Pros
ecution in Case Against
Homer N. Ford.
MRS. FORD CHIEF WITNESS
Mother ot Defendant's Four Chil
dren Tells of Losing Three by
Death and of Visit to Hus
band's Family as Sis Wife.
Not being prohibited expressly by
statute, a common law marriage in Ore
gon today is as legal as one performed
by minister or Judicial officer.
This is the ruling of Circuit Judge
George F. Davis, delivered yesterday
in the trial of Homer N. Ford, who
repudiates Mrs. Caroline Ford and their
daughter, Harriet, on the ground that
marriage before a notary public in
Eagle City, Alaska, -was not binding.
The Alaskan law in 18S8 was the same
as the Oregon law by Congressional
act of 1884.
If the prosecution proves to the Jury
that this ceremony was performed in
Alaska and that Ford and Mrs. Ford
have since lived as man and wife.
Judge Davis ruling holds that mar
riage to be absolutely legal.
"I believe that a common law mar
riage should be recognized by the
courts Of this state the evils of fail
ure to recognise It are much greater
than those of recognition." said Judge
Davis from the bench. He went on:
"Marriage existed before codes and
before creeds and Is a natural rela
tionship. The contract marriage grew
from that and has become part of the
common law of England by reason of
Immemorial usage. Statute law pre
scribes certain officials and church rep
resentatives who may perform mar
riage ceremonies. My construction of
the statute Is that It is not mandatory
but merely directory.
Prosecution's Cue Strengthened.
"In the absence of anything In the
acts of the state which takes from
man and woman that .natural right of
marriage, this court shall presume that
it still exists. I think the law never
intended to take away that right. I
believe there is nothing more solemn
in the nature of marriages than a
common law wedlock, entered into in
good faith."
In this decision, the prosecution won
a decisive point of its case. If Judge
Davis had ruled that if the ceremony
before the notary was proved. It wOuld
not be a legal marriage. the case
against Ford probably would have been
dismissed by the state, for if Mrs. Ford
had no legal right to her husband's
name or property, the act of Elizabeth
Frary in signing a deed to Portland
property as "Elizabeth G. Ford" could
not have been forgery. Other facts
surrounding the notarial marriage be
ing virtually admitted by the defense,
it would follow that Elizabeth G.
Frary, who has been living with Ford
In Canada and has been represented
as his wife, cannot be legally married
to him.
Mrs. Ford Principal Witness.
Except for the hours of argument on
the legality Of a common law marriage
under the Oregon law. Mrs. Ford was
on the witness stand all day yesterday.
Protest of Attorney McCue to testi
mony by Mrs. Ford brought about a
curious situation. He objected because
the prosecution maintained that Mrs.
Ford was the wife of the defendant,
and said that a wife should not testify
against her husband.
"Very well, if you will concede that
she is the legal' wife of Mr. Ford, as
the state contends, we will dispense
with her testimony." offered Deputy
District Attorney Collier. Attorney
McCue would make no such concession,
and his objection was overruled. This
was prior to the legal argument of
the question between Deputy District
Attorney Hlndman and Attorney Mc
Cue. Attorney McCue took the position
that there is no such thing as marriage
by common law in Oregon, and as
Oregon law was In effect in Alaska
at the time of the ceremony there was
no legal marriage.
Deputy Hindman's position, supported
later by the court, was based on a
1,'nited States Supreme Court ruling by
Justice Strong in a Michigan case which
held that marriage is a natural right
not denied by common law unless ex
pressly banned by state statute, as Is
not the case in Oregon.
Pathetie Story Told.
Mrs. Ford was a pathetio figure on
the witness stand, as she told, with
eyes welling with tears at poignant
recollections, of her life as the wife of
Homer N. Ford from their marriage in
1S98 until he sent her from him la
1908 without the formality of a di
vorce. He continued to contribute to
her support, however, until February,
1914, she said.
The woman told of leaving Cal
ifornia, where she had taught music,
German and domestic art in Los An
geles schools, at the lure of the gold
rush of 1898 In Alaska; of her trip
to Skagway, to Summit, and to Eagle
City; of meeting the man she was
later to marry, on the trail near Sum
mit; and of cooking. -with other young
women who had faced the adventur
ous life, for men at a wood camn
"I shall be so kind and good to you
that you will have to love and respect
me," Ford was said to have told her
when proposing.
There was the marriage, with no
priest or judicial officer within 600
miles, by the notary, with friends of
both present. Then there were the
children. The first, a daughter, was
born in August. 1900, and died the
following February. A Becond was
born and died In 1902. Harriet was
born in 1904, and a fourth child died
at birth in 1906.
Visit Paid rsrd'a Fimllr.
Mrs. Ford came to the United Stsjtes.
visited her father and mother in Al
bion. Mich., and everywhere, she tes
tified, was introduced by Ford as his
wife. In turn, he was introduced to
her brother and sister in Los Angeles.
The first visit to the states was in
1902, the seoond in 1904. They lived
in the East until 1908, when, in James-,
town, said Mrs. Ford, her husband
told her he was tired of her and re
fused to live with her longer. She
went to Los Angeles, later to Seattle
and came to Portland In 1915.
tlxc-ept for $150 sent her by her sister-in-law's
husband, Harold Graves,
Mrs. Ford asserted she had received
nothing' from Ford or his family toward
her support since February, 1914.
On cross-examination Attorney Mo
Cue endeavored to get an admission
from Mrs. Ford that she and Ford had
lived as husband and wife before the
ceremony at Eagle City. He also ac
cused her of conducting a road-house
in Alaska.
Rrad-Honu Accusation Denied.
"I don't know If you would call It
that." replied Mrs. Ford. "I would
give travelers meals as they went past
on the trail, and one time a man told
pit X was. -foolish, to chars only 25
TWO VIEWS OF MAN WHO REPUDIATES COMMON-LAW MARRIAGE.
HELD BY JUDGE DAVIS, IF PROVED, TO BE LEGAL.
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cents when I could ask $1 and more,
so I did later."
Occasionally Mrs. Ford would look
appeallngly at the man she called hus
band for confirmation of dates of which
her memory was not certain. One ques
tion asked by Attorney McCue was:
"Did you know a Dr. Grant, physi
cian and minister, in Eagle?"
"No. and I don't think my husband
did, either," was the reply. A mo
ment later, "Did you Homer?" she
asked in a plaintive tone of Ford, who
did not reply.
The cross-examination was not con
cluded yesterday and Mrs. Ford will
be on the stand thlc morning.
There was a dramatic moment at the
close of the court session -yesterday,
when Ford stooped to caress his daugh
ter. The child avoided him and ran,
crying, to her mother, to whom she
clung.
PARKING PLAN IS ABUSED
Only Vehicles for Hire to Be Allowed
in Special Strip.
For reasons which nobody seems able
to explain the Idea of parking for hire
automobiles in the center of Sixth street
has not been given a fair trial, accord
ing to the original Intentions and there
fore the members of the City Council
do not know whether it would be a
success or not. The idea as originally
intended may be tried today.
The plan was to force for hire ve
hicles and taxlcabs Into the center strip
and exclude them from the curb. The
drivers were to be required to remain
in the cars and private cars were not
to be parked either in the center or
along the curb. Instead of this being
tried the center parking has been open
to private cars and parking has been
allowed along the curb as well. Com
missioner Baker, who originated the
idea, conferred with Mayor Albee yes
terday in an effort to have the police
enforce the original plan. -'
Receiver Asked for Physician.
CENTRALIA, Wash., Sept. 19. (Spe
cial.) Judge Rice, in the Lewis County
Superior Court, yesterday denied the
petition of Mrs. Cora B. Ennis for the
appointment of a receiver for Dr. Rush
Banks, a local physician. Mrs. F.nds
recently won a judgment against Dr.
Banks following her suit for alleged
malpractice, and It was to collect her
judgment that she petitioned for the
receiver.
BRIGHT GIRL WIXS TRIP AS
CLIB PRIZE.
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Margaret Jonas.
Margaret Jonas, 13 years old.
made the highest score In the
girls' Industrial club work In
Multnomah County and Is winner
of the trip from this county to
the girls' camp 'at the State Fair.
Her entry was In sewing, and
she won on a very high score.
She is also a member of the
ch: mpionshir girls' canning team,
which will represent Multnomah
County at the State Fair. She Is
the daughter of Mr. and Mrs.
John Jonas, of Falrview.
P? 1st
Homer Nathaniel Ford.
PAVING BIDS OPENED
Four Offer Prices for Work on
Interstate Bridge.
REPORT EXPECTED TODAY
E.' E. Howard, Consulting Engineer,
Is to Compare Figures Submit
ted by Contractors and Ad
vise Award to Be Made.
Bids for the paving of the Columbia
Interstate bridge were opened yesterr
day by the Interstate Bridge Commis
sion, meeting at the offices of the Mult
nomah County Commissioners, and the
figures were turned over for compari
son to E. E. Howard, the representative
of Harrington, Hovard it Ash, super
intending the engineering work on the
structure.
Mr. Howard, with F. B. Cortelyou, the
resident engineer, will complete the
comparisons on the bids this morning
and will make a recommendation to
the Interstate Commission at a meeting
at 2 o'clock today. Mr. Howard will
remain In Portland for several days
conferring with the resident engineer
and advising the Commission before re
turning to Kansas City.
Four Contractors Compete.
Four concerns have offered bids on
the Job, giving the date when they can
finish the work. They are as follows:
Reliance Construction Company, 75
days; Warren Construction Company,
December 15, 1916; Lee Davenport, Jan
uary 15, 1317, and Oskar Huber. 90 days.
The bids of Davenport and Huber were
accompanied by certified checks for
$11,000; the Reliance Construction Com
pany, $13,000, and the Warren Construc
tion Company accompanied Its bid with
a certified check for SIS, 000.
The mass of detail in the bids Is so
great that careful comparison is neces
sary to determine their relative merits.
The Commission yesterday decided to
make the pavement solid, 30 feet In
width across the approaches and full
38 feet on Hayden Island, on the south
side of the bride. It was suggested at
first that a strip of macadam be run
through the middle to provide for pos
sible future installation of Streetcar
rails.
Engineer Aaaists In Franchise.
The Commission decided, however,
that. Inasmuch as the possibility of
tracks going In on the portion of the
bridge in consideration is slight, it
would not bo feasible to lay macadam
there. The present street railway
tracks will come onto the approach
farther up on the bridge.
Mr. Howard was also in conference
with the franchise committee, consist
ing of District Attorney Evans, James
O. Blair. Prosecuting Attorney of
Clarke County; Philo Holbrook, A.
Rossman, F. M. Cortelyou and F. I.
Fuller, of the Portland Railway, Light
St Power Company. The railway com
pany has advanced objections to the
proposal to pay 50 per cent of its net
earnings over the bridge to the county
as toll, and a redraft of the proposed
franchise -is probable.
Stone Public School Opens..
CARVER. Or., Sept. 19 (Special.)
The Stone public school opened yester
day with the average enrollment of
previous school year openings. Miss
Lovey Burkholder, of Portland, the
regular primary teacher In this school,
is in charge this week until a new prin
cipal Is Selected. Miss Miller, who was
elected some months ago, has resigned,
bavins been married recently.
I THE CAR AHEAD
"-Six I!
TLaoer
on
Hudson Just Broke the Transcontinental
Record by Fourteen Hours Fifty-nine Minutes
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Here is a motor, exclusive to Hudson, which has
proved itself in every way the greatest motor built
The most powerful for its size
The speediest the most enduring
An incomp'arahle hill-climber
The quickest in acceleration
The smoothest-running motor known
Nobody who knows can tloubt that. The
proofs lie in official tests. Any Hudson
dealer, in 30 minutes, can remove any linger
ing doubt. And 15,000 Super-Six owners are
proving its supremacy on every road and
street.
What then is there on the other side? Why
should any fine car buyer get a lesser car?
Only a Misconception
Nothing but-a misconception can make
another car seem better than the Hudson
Super-Six.
This invention, at one step, increased motor
efficiency by 80 per cent This without add
ing a cylinder, or a complication, or a cubic
inch to size-
Simply by reducing vibration until friction
is almost nil. And thus, at the same time,
doubling motor endurance. It involves no
experiment. Standard practice has been
altered only in one respect. The, result is a
car which out-performs all
others. And every owner
knows it.
Some Disproved Ideas
In the early days of the
Super-Six some said, "Wait
and see. There must be
some shortcoming." But
the car made endurance
records such as never were
approached. And with 15,
000 running that question
is dispelled. Then for
months men said, "Why
want the Super-Six? There
are thousands ahead of me
' I can't get delivery."
Phaeton, 7-pastienger $1475
Roadster, 2-passenger. . . . . . 1475
Cabriolet, 3-passenger 1775
No Feats Like These Ever
Before Performed
Faxteot time n the world's greatest hill
climb up world's hlfchcit highway to sum
mit ot Pike's Ptak B(rlrmt 30 eontc
tanrs made with a Hudson Super-Six
Special.
Aluo thee reordi all made nnder Ameri
can Automobile Association eupervlslon by
a certified stcc-k car or stock chasle, and
excelling all former stock cars la these
tests.
100 mile In SO mln., tl.4 arc, areraginft
74.07 miles per hour for a 7-paBaenger
touring oar with driver and passenger.
75.00 mllea In one hour with driver and
passenger In a 7-passenger touring car.
Standing start to 60 miles aa hour In ICS
sec
One mile at the rate ot 102.5S miles per
hour.
1819 miles In 14 hours at average speed
ot 75.8 miles per hour.
Since then we have quadrupled Hudson pro
duction, so men don't need to wait.
Later men said, "There may soon be some
changes. Experience with a new car always
suggests them." But we have just announced
that the Super-Six will be continued without
change. We have parts and materials under
way for twice as many as we have built so far.
Men also said that 76 horsepower was more
power than they needed. That 80 and 90
miles per hour was more speed than they cared
for. But that has always been conceded. One
will rarely tax the Super-Six to half the ca
pacity. But that means a long-lived motor.
And surely no one would want that reserve
power wasted in friction and vibration.
Consider All Sides
You are right in considering all sides of
this matter. But one side is based on official
tests which cannot be disputed. Be sure that
the other side, if it exists, has some real foundation.
The Hudson has a great
reputation. Our Engineer
ing staff has for many
years held a high place in
this industry.
The Hudson Super-Six,
outside of the motor, typi
fies the ideal fine car.
In luxury and beauty no
car can excel it.
And the evidence is that
the Super-Six almost dou
bles the motor's endurance.
If there is nothing real
on the other side, you owe
yourself a Hudson Super-Six.
Touring Sedan $2000
Limousine 2750
(Prices f. o. b. Detroit.)
Town Car A $2750
Town Car Landaulet 2850
Limousine Landaulet 2S50
HUDSON ?
C. L. BOSS & CO.
615-617 Washington St., Portland, Or.
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2 TAKEN IN LIQUOR RAID
20 GALLONS OF" WHISKY, O BARRELS
-OP WIXE CONFISCATED.
Leo and Sam Gottncclo Arrested by
Detectives Who Say Thfj Bought
S7 Worth of Intoxicants.
Twentr rail on ot whlskr and more
than nlno barrels of wine were con
fiscated late jresterday in a raid tnade
on the establishment of Leo Gottucclo
and Bam Gottucclo. 611-13 E4st Seven
teenth street, by City tetctives Cahill
and HU1 and Patrolmen Richards and
Burkhardt. The two men were placed
under arreet on charges Of violating
the prohibition law.
In addition to the liquor taken the
officers found a quantity of material
for making: whisky, which was also
taken as evidence. This latter included
a quantity of extract and alcohol.
The officers say that they purohased
about 7 worth of liquor from the two
men Monday and Tuesday previous to
making the arrests.
Leo Gottucoio. one of the men Im
plicated in the raid, and Salvator Got
tucclo were formerly proprietor of the
Last Chance saloon. They Were ar
rested ia January on charges ot vio
lating- the prohibition law and con
victed In the District Court. The Cir
cuit Court later acquitted them.
LAWS WILL BE ASSAILED
Ad Club to Criticise Legislation An
tagonistic to Business.
Legislation adverse to the healthy
growth of business will be assailed by
the Portland Ad Club at it luncheon
at the Benson Hotel today.
A real courtroom scene Is to be
stagred, with Judges VS. N, Gatens, JP.
Kavanaugh, R. G. Morrow and G. N.
Davis on the bench and Frank Loner
gran, John McCoutt and Charles E.
Cochran as prosecuting attorneys.
"Oregon Is handicapped in business
by adverse laws," Says the announce
ment of the programme. "some of
these will be exposed forcefully at this
meeting: and a statewide protest will
be initiated."
Yoncalla's School Is First.
ROSEBtJRG, Or., Sept 19. (Special.)
.Winners Of the prizes lit the fruit
canning: contests held in connection
with the recent county fair were an
nounced here yesterday. The awards
Were: Yoncaila. first; Fullerton School,
Roseburg-, second; Riddle School, third;
BenSon School. Roseburg, fourth. The
Judges were F. L. Strang, Mrs. W, C
Winston. Mrs. E. A. llinkle and 1L, M.
Cross. As a result of winning- the
local prize the Yoncaila team will go
to Salem to enter the state competition.
PHYSICIAN JS ARRESTED
Issuing of Liquor Prescription
Causes Charge at Centralis
CENTRA Ll A, Wash., Sept. It, (Spe
cial.) On a charge ot writing a pre
scription for liquor Without cause. Dr.
J. G. Sargent, a prominent local phy
sician, was arrested by the police yes
terday. Earlier in the year three Other
physicians were arrested On similar
charges, but won out when they ap
pealed to the Superior Court
Chief of Police MoGrall says he will
Carry Dr. Sargent's case to the Supreme
Court if necessary to establish the
right of a physician to write prescrip
tions under the state dry law.
Killer of Fawn Sent to Jail.
CENTRALIA. Wash.. Sept 19. (Spe
Ciai.) Fred Meddaugh was sentenced
yesterday to a term of 15 days in the
county Jail for killing a fawn. Mr.
Meddaugh told the aourt that he did not
see his mistake uatll after he had
shot the animal.
Read. The Oregoniaa classified a da,
DARKEN YOUR
GRAY HAIR
Have Beautiful, Soft Hair of an
Even Dark Shade.
Not even a trace of gray shows in
your hair after a few applications of
Q-Ban Hair Color Restorer to hair and
scalp. Q-Ban is no dye, is harmless,
but makes scalp and hair healthy and
restores the natural color glands. If
your hair is gray, streaked with gray,
faded, dry. bleached, thin or falling,
apply Q-Ban as directed on label. Soon
all your gray hair and entire head of
hair gradually turns to an even, beau
tiful dark shade, leaving ail your hair
healthy, fluffy, soft radiant thick, full
of life, fascinating; so evenly dark and
handsome no one will sdspect you used
Q-Ban. Also stops dandruff and fall
ing hair. Sold on a money-back guaran
tee. Only 60c for a big bottle at Hunt
ley drug store. Portland. O.'. Out-of.
town people supplied by parcel post