Morning Oregonian. (Portland, Or.) 1861-1937, October 12, 1916, Image 13

Historic Oregon Newspapers

Morning Oregonian., October 12, 1916, Page 13, Image 13

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Newspaper Page Text13 WIDOW LOSES SUIT We Give S. & H. Green Trading Stamps With Purchases Amounting to 10c or More Filled Books of S. & H. Trading Stamps Redeemed in Cash on Fourth Floor Exclusive Portland Agents for Gossard Front-Lacing Corsets, Richardson's Fine Linens, Merode and Carter's Knit Underwear, Men's and Boys' Dutchess Trousers THE 3IORXIXG OREGOXIAX, THURSDAY. OCTOBER 12, 191G. Damages Asked for Loss of Husband's Companionship. SUPREME COURT DECIDES Death, From Injuries Already Com pensated for, Placed In Differ ent Class Than Alienation of Affections. I. For the loss of companionship and services of her husband through an ac cident, a wife may not recover dam ages in Oregon courts. This was the finding of Justice J. Burnett, of the Su preme Court, in a decision handed down this week on an appeal from the court of Circuit Judge Morrow and is a ruling which may affect many cases now in the state courts. A direct attack upon the marriage relation itself, such as the alienation of the husband's affection, is a differ ent matter, points out Justice Burnett In his decision. "There the attack upon the marriage relation is direct with purpose and malice," the Jurist rules. "The harm to the wife Is immediate snd not merely consequential or secondary, and the law visits punitive damages in her favor upon the wrongdoer. A negligent Injury to the husband, however, affects the wife or widow only indirectly or collaterally. The injury to her in such conditions is not the direct, natural and necessary consequence of the care lessness of the defendant. . Husband Gets Compensation. "For what he suffered during his life, the husband had an action directly against the defendant. It would be un reasonable to hold that the defendant, after fairly compensating the injured man for the negligent wrong inflicted upon him, should be compelled to search out all others of his relatives and liti gate or settle with them." The case in which this wide-reaching decision was given was the damage suit of Katherine Kosciolek against the Portland Railway, Light & Power Com pany. Justice Burnett affirmed the de cision of a Jury in the lower court in favor of the defendant. The plaintiff is the widow of John Kosciolek, who was injured in a colli sion between his wagon and a streetcar and died from the injuries 13 months later. Mrs. Kosciolek asked $20,000 damages for loss of consortium. SS50 Settlement Accepted. The defense was that the injured man had received from the rc'.lway company $850 in full satisfaction of all his claims, for which he signed a re lease on behalf of himself and heirs, discharging the company from all lia bility. It was not denied that, this money was paid, but was asserted in reply that the injuries mentioned in the release were not those of which the widow complained. "It may be, set down at common law that, while the husband could maintain an action for an injury to or death of the wife whereby he lost her services and consortium, yet the wife herself could not maintain a-corresponding ac tion to recover for the loss of services and consortium due from the husband to herself." said Justice Burnett. The position of the plaintiff that sec tion 7050, Lord's Oregon Laws, gave a wife rights and remedies equivalent In all respects to those with which the husband is endowed was held in error by Justice Burnett, who asserted that this statute did not confer upon the wife any new right of action. W. P. STRANDBORG IS BACK Denver Sentiment Against Jitney Has Put It Out of Business. W. T. Etrandborg, advertising agent for the Portland Railway, Light & Power Company, has Just returned from a trip to Denver and Colorado Springs. He visited F. W. Hild, formerly general manager of the Portland Railway and now general manager of the Denver Tramway Company. "Business in Denver Is good." re ports Mr. Strandborg. "The Denver tramway lines are showing a gradual Increase in business from month to month. Of course, they don't have the jitney to contend with there. Public sentiment in Denver is against the jit ney. "Denver had the biggest tourist travel in recent history. The people are conducting an organized campaign to Interest travelers." Try Our Special 25c Lunch served from 11:00 to 2:30 daily in the Basement. Quick service. A pleas ant place to meet your friends while down-town shopping. Soda Fountain and Ice Cream Parlors in. Basement. Orders Received by Mail From Out-of-Town Customers Given Prompt, Careful Attention. Olds, Wortman & King The Standard Store of the Northwest. Reliable Merchandise Reliable Methods. Dress Skirts Plaited for Only $1 if Materials Are Purchased Here. 3 Different Styles. Basement Store Bulletin If you haven't received a copy of our Basement Sales Bulletin for October, ask for one in the Basement Store and save on your Fall purchases. Another hot of New Dresses At $18.50 to $22.50 Fashion Salons, Second Floor Of splendid quality wool serge, made up in combination with taffeta or messaline silks, also beautiful styles in peau de cygne, messaline and satins, some in combination of satin, velveteen and serge. Loose effects with high waistline, large round collars, belts, etc. Exceeding smart models for street wear. Shown in black and new shades of navy, brown and green. Full range of sizes in women's styles. Moderately priced from $18.50 to $22.50. New Fall Suits I New Silk Skirts $23. 75 One attractive model at this price is shown in wool poplin. Latest Russian effect with belt, trimmed 'with seal fur. Other models in loose-fitting effects and belted models, with velvet collars and cuffs. Black and various col ors. Full range of C?02 '7C sizes. Priced at only J5-rO J $5.95 to $10.75 Women's and Misses' New Sep arate Skirts of satin, messaline and fancy striped taffeta. Smart dressy effects for street tyear, having full flare bottoms and shirring at waist line and hips. Also tailored and plaited styles. All sizes for women and misseB, priced from $5.05 to $10.75 New Silk Waists, Special $3.79 Petticoats $3.89 and $4.50 Second Floor Novelty Waists in combination lace and chiffon, also in net and Georgette crepe. Styled with the new round or square collars. Also smart tailored Waist3 of messaline and taffeta in plaid3 and stripes. Q?i VQ Priced special today at vJ.i s Second Floor Women's Silk Pet ticoats of excellent quality taf feta and messaline. Also silk Jersey top with taffeta flounces. Extra full styles trimmed with ruffles and accordion plaiting. Regular and extra sizes. Prac tically all colors. $3.80, $1.50 Coffee Day Model Grocery Fourth Floor Coffee 29c Japan, 39c 16c New Walnuts OWK IMPERIAL Roast our own importation 40c quality, the pound at OWK TEA Uncolored English Breakfast or Cey lon 50c grade special at HERSHEY'S Cocoa, 25c cans, priced special at 20c Lb. California Soft-shell Walnuts big shipment just received. New 1916 crop. Priced for 1A Thursday at, the pound fVJL. AOS $10 to $15 Felt Hats $8.50 Millinery Salons, Second Floor This season's most favored shapes in sailors, turbans, tricornes, etc. Beautiful dressy Hats trimmed with wings, buckles, breasts, flowers, gold and silver bands, bows and other novelties. Many smart draped Hats are included in this offering. Black and wanted col- G?Q E?f ors. Hats worth up to $15 Thursday special at low price pO.OW NEW FELT HATS in plain colors and two-tone effects. QO Dozens of smart styles, specially priced for today at only P X x O We Give S. & H. Green Trading Stamps. Special Sale of Bed Spreads $1.75 Spreads Priced Special at $1.48 $3.75 Spreads Priced Special at $2.98 Main Floor White Crochet Bed spreads in full double-bed size,. Shown in handsome patterns and good weight. $1.75 AO Spreads priced special P-LtLO Main Floor High - grade satin Bedspreads in beautiful patterns. Full double-bed siae and splendid weight. Spreads usu- I0 QO ally selling at $3.75 at 0 BATH TOWELS OF GOOD QUALITY SPECIAL, AT 23 18x32-INCH HUCK TOWELS, SPECIAL, DOZEN $1.00 New Fall Coat Materials BOLIVIA CLOTH,' one of the season's most wanted materials, here in good selection of colors and black. Beautiful rich finish, priced at from $6.00 to $8 a yard. Bolivia Cloth in extra quality. Black only. Priced at $10 yard. NEW NOVELTY Coatings in handsome patterns and colorings. Prices range $1.50 to $10 a yard. Women 's House Slippers $13S and $10 Grades at, Pai 98c Bargain Circle, Firsts Fir Women's House Slippers 1000 pairs in a great one-day sale. One style similar to illustration. Made of excellent quality felt with wool insoles and pompon on toe. These are shown in various color combi nations. Also Women's Boudoir Pumps in black and assorted col ors. They come in a complete as sortment of sizes and are priced for this special sale at only, the pair Men 's $2.50 Slippers at Pair $1.89 Sale of Indian Moccasins 98c 11 -gfdl Bargain Circle M e n's House Slippers of vici kid with hand turned soles. Romeo, opera and Everett styles in brown or black. Sizes 6 up to 12. Standard $2.50 Slippers on sale Thurs- Q1 OQ day at low price, pair Pa.07 Bargain Circle Men's, Women's and Children's Buckskin Mocca sins in attractive beaded designs. Child's $2 grade at, pair $1.2!) Men's and Women's, pr. 81.4S BLACK SPATS trim'd OQ with white. $1.50 grades Ox t Wc Give S. & II. Green Trading Stamps. Boys' Fall Suits $5 to $16.50 Main Floor Suits of dependabil ity Suits that will render your boy the fullest measure of service and hold their shape to the last. We have the new Norfolks in a magnificent range of the wanted materials. One or two pairs of pants. Priced at $5 to $16.50 Boys' Overcoats $5 to $20 . Cool enough right now to wear an overcoat. There are many other good reasons, too, why you should see our splendid stock of Boys' Overcoats for Winter. Lat est fabrics and patterns. Priced today from $5.00 up to $20.00 Dutchess Trousers For Boys "10c a Button, 60c a Rip" the only money-guarantee Trousers on the market. Made from best quality corduroys. Regular size $1.75 and $2; Stouts $2.25 pr. Boys' Store, Main Floor. 20 OF 38 ARE PASSED City Gets Eligible List for Selection of Park Helper. Twenty out of 38 who took a recent municipal civil service examination for positions as park helpers got pass ing grades, according to the ratings made public yesterday. Following is a list of those who passed with the rating of each: A. Weber, 77.40; W. H. Neil, 79.15; H. Price, 80.75: J. E. Wigle, 79.05; E. A. Welch, 82.35: F. H. JKickert. 78.12; T. G. Stefton. 81.60; Gus Hail, 75.53; William Martin, 76.63: L. M. Eastey, 80.30; W. P. Mason, .78.35; H. T. Foy, 77.14; W. K. Scott, 75.28; W. S. Pier eon, 80.70; N. A. Miller, 76.55; J. Mc Guire, 83.33: C. A. Bickman. 80.35; W. T. Burns. 80.30: J. S. McFeron, 81:60 F. W. Buscho, 82.03. DOCTOR'S TRIAL TO BEGIN . G. L. Harrison Charged With Man. slaughter Because Patient Died. Demonstration of the manner In which John Olaf Lindbloom may have received burns resulting in death, by means of a court experiment with elec tric sparks and gasoline, will4e a fea ture of the trial of Dr. George L. Har rison, which is scheduled to open be fore Circuit Judge Davis this morning. Dr. Harrison is charged with man slaughter, because of the death of Mr, Lindbloom. a patient to whom Dr. Har rison was giving a gasoline run July 13. Mr. Lindbloom was fatally buimed when the gasoline ignited and died six days later. Deputy District Attorneys Charles C Hindraan and Richard Deich will prose cute the case and W. C. Campbell will appear for the defense. Interest Rate Is Cut. CENTRAL1A, Wash.. Oct. 11. (Spe cial.) The City Commission yesterday passed first reading of an ordinance re ducing the rate of Interest on current expense warrants from 6 to s per cem, it being the third cut since the present Commission took office last uccemoer. At the same time City Treasurer W. W, Dickerson was instructed to purchas current expense warrants as an invest rnent with the surplus in the electric light fund. The new rate or interes Will be effective November 1. LUMBER RATES UP Producers on Astoria Line Are Heard by Federal Examiner. CUT OF 21-2 CENTS ASKED markable for variety, quality and num ber in each department. The competition was vigorous and the best and second best of the numerous entries from farm, dairy, orchard, schoolhouse and home were awarded blue and red ribbons and cash prizes. Prizes were also awarded for the parades and literary programmes of the different schools in and around Sandv. and to the winners in the horse and foot race's. A. J. Morrison, president, and Mrs. Percy T. Shelley, secretary, were in charge, with Mrs. B. B. Bachelder. of Sandy, C. E. Cleveland and J. B. Hall. of Gresham, as judges. The Sandy Booster Band furnished music both days and an all-night dance Saturday night was the closing feature. Parity With Grays Harbor and Wil lamette Valley Points to Idaho and TTtah Is Object of om plnlnt. of nisrrlmlnntlnn. Lumber producers along the Astoria division of the North Bank railroad yesterday laid before Examiner Disque, of the Interstate Commerce Commis sion, their complaints against the al leged discrimination of rates from their territory into Southern Idaho ana Northern Utah. The rate from the district affected Is 40 cents; from Portland, from the Wil lamette "Valley and from Grays Harbor It is 37 cents. The Astoria shippers are asking for the 37 -cent rate. George McLeod. manager of the Ham mond Lumber Company, testified that the differential barred his concern out of the Idaho and Utah, territory en tirely. Lumber manufacturers In .Portland and in the Willamette Valley have in tervened in the case in the hope of pre venting the Astoria shippers from getting the lower rate. H. E. Lounsbury, general freight agent for the O.-W. R. & N. Company, said that the 40-cent rate is a reason able one. He contended that 37 cents at Portland is reasonable because it is nearer the destination point, and that the lower rate was established at Grays Harbor and In the Willamette Valley by the force of competition. In the first place, he explained, tne Southern Pacific met the Portland rate for its Willamette Valley mills, agree ing to haul the lumber through Bose ville, Cal., and Ogden. To retain the business on Its own Ifhes the O.-W. R. & N. Company had to meet the South ern Pacific rate on the naui tnrougn Portland. Grays Harbor mills then complained that they were discriminated against, inasmuch as they were no farther from Portland than the Valley mills. So the company met the rate for mills on its own line at Grays Harbor. The reason a similar rate was not established at points on the Astoria line, Mr. Lounsbury explained, is be cause the company would be forced to divide the rate with the North Bank Road. The North Bank wants E cents for hauling the lumber to Portland, On a 37 -cent rate this would leave only 32 cents for the haul from Portland to destination. The Astoria shippers take the stand that they are entitled to an equality of rates with the Valley mills and the Grays Harbor mills, equally distant irom Utah and Idaho. They contend that they are not concerned with the way the railroads divide the revenue. STORK HELPS SPEEDER CLEMESCY GIVES WIIEST PROSPEC TIVE FATHER EXPLAINS. SANDY FAIR IS SUCCESS Remarkable Number and Variety of Exhibits Displayed. SANDT, Or., Oct. 11. (Special.) The Sandy fair held October 6 and 7, under the auspices of the local Grange, was a decided success. The exhibits, were. re- COLUMBUS DAY HERE Schools and Societies Will Observe Holiday. Public Exercises Will Pay Honors of Appropriate Nature to In-, daunted Spirit of Great Discoverer. Several Assert Justice in Municipal Court la Impassible In Face of ' Testimony of Officers. The shadow of the stork hovered over his home, according to the abashed testimony of a speeding motorist who appeared before Municipal Judge Lang- guth yesterday. In response to the urgent summons he broke the speed limit and was gathered in by Motor cycle Patrolman Ervln. The plea was apparently so genuine that the compar ative clemency was extended by the court. Of the 13 speeders who faced the city's justice, the majority were re- Deiiious and entered pleas of not guilty." Several were assured that Pa trolman Ervin'a speedometer needed tinkering, and one openly declared that justice on a speeding charge could not do procured against an officer's tes' timony in Municipal Court. Judge Langguth mentally booked the peevish ODservaiion. Ten of the gasoline coterie were ar rested by Patrolman Ervln. and three by Patrolman Crane. The case against f nn .Metscnan, jr.. manager of the Im penal Motel, who Is charred with speeding nls car. will be heard on Kn day. His attorney, J. Drager, arrested on a similar charge, asked for a Jury trial, wmcn was set for October 27. W. Frese was fined J12: 13. J. Heas- ney, $12; M. D. Spencer. $10; George L.uoers. iz; j. m. nick, $12; C. V. Stayton, $12; R. J. Hood. $16: M. Standi- fer. $15; Edward Paul. $15: Rov Cook. $10. The case against A. Vincent, a physician, who was hurrying to attend a patient, was continued indefinitely. The stiffest sentence was reserved for Edward Close, charged with driv ing an automobile while intoxicated. He was arrested on the nlghe of Octo ber 7 by Police Sergeant Ennis -and Patrolman Adams, when his car col lided with a police automobile, dam aging the latter. Close was convicted and sentenced to pay a fine of $10. In addition he was ordered by the court to remit $35 for the bill of damages to the police car. which Is owned by the city. Close paid his fine and made ar rangements to settle the damage claim. Young Pendleton Man Dies. PENDLETON, Or.. Oct. 11. (Special.) Walter Eggerth. aged 25. well-known young Pendleton man, passed away to day following an illness of two years from tuberculosis.- He was manager of the Pendleton office of the Western Union for some time and had been con nected with the Hoaulam. Klamath Fall and 6n Francisco offices of the company. Ha is survived by his mother, Mrs. A. B. C. Ergerth. and two sisters, Mrs. Roy Norman and Miss Frieda Egserth, of Pendleton. EPOCH VOYAGE IS THEME main office and branch offices until noon. Today in public and parochial schools it will be more than ever Impressed upon the school child that "in 1492 Columbus sailed the waters blue." In the Portland public schools, this being one of the special days on the school calendar, youngsters will learn the importance of Columbus' trip from Barcelona. pain. almost four and a quarter centuries ago. Not so much will the biography of Columbus be emphasized as will nis epoch-making sea voyage. Besides the exercises to he held In the schools, Columbus societies will join in celebrating the memory of Co lumbus, who dled 410 yeara ago. Tonight at Cathedral Hall. Seven teenth and Davis streets, the Knights of Columbus will celebrate under tho auspices of the Portland council. An elaborate programme has been arranged and Dudley G. Wooten, for merly Congressman from Texas, w.io has the reputation of being a forceful and brilliant speaker, will give the principal address. Several musical numbers complete the programme that Is open to the public. A social time will follow. under the auspices of the Italian Red Cross, the Christopher Columbus Benevolent Society and affiliated or ganizations, a big programme will be held tonight at 244 ashlngton street, where De Red Cross exhibit and ba zaar Is being held this week. Chevalier Paulo Brenna. Royal Italian Consul for this North west, dis trict, with headquarters at Seattle, will be the principal speaker. Albert B Ferrera. president of the Italian Red Cross; will be the presiding officer. Musical numbers will be offered by M'.ks Adele Barnlckel. The Columbus Society usually lolds its memorial exercises in the South Portland hall, but this year It will en tertain with the other Italian socle ties at 244 Washington street. Other Italian societies that will Join with the Columbus Society are the Regina Margherita Circle, Ancient Order United Druids; Italia Grove and Nord Italia Grove No. 2, Ancient Order United Druids; Guiseppl Mazzinl Mu tual Aid Society, Court Concordia. For esters of America; Bersaglleri Mutual Aid Society and the Rivenditori di Frutta ed ErbaggL . MAIL. CLERKS GET HALF DAY Postoffices Are to Close at Noon Except Stamp Windows. In'recognition of the National holi day, Columbus Day, the postoffices in the city will be closed at noon, with the exception of the stamp and parcel post windows in the main postoffic building. There will be only two deliveries of mall in the business section and one in the residence section of the city and the regular holiday collections. All departments will be opeu in the WORK ON BUDGET BEGINS Committee Is Xamcd and Estimates Are Called For. With the budget committee named and heads of ail county departments notified that estimates of the cost of running the county business for 1917 are desired as soon as possible, work on the 1917 budget is now in full swing. The County Commissioners yesterday selected six men for the budget com mittee and the committeemen named the seventh. Commissionr Rufus C. Holman named C. C. Chapman and Henry E. Reed; Commissioner Philo Holbrook. Robert S. Farrell and S. B Martin; Commissioner W. L. Lightner. r rank Kiernan and E. B. MacNaughton. The seventh commissioner selected was J. N. Teal. Commissioner Lightner was delegated to confer with Mr. Teal to see If he would acccept the appoint ment. perintendent of the municipal lodging house of that city. There is nothing to show that Kress ler la a ward of this county and of ficials of Multnomah County are said to be loath to accept the charge. BILLS TO BE DISCUSSED Reed College Folk to Speak at Alblna and In Thompson School. Professor Hudson B. Hastings, Jack Levin and Otto Schultz. of Reed Col lege, will speak at the Albina Branch Library tonight at 8 to the voters of that district on the initiative measures to be voted on In November. The speakers have made careful analyses of the measures, and will present the facts bearing on both sides and answer questions. All who are Interested are invited. At the Thompson School tonight at 8 Florence M. Read, Roger Chute and Jack Levin will present the arguments for and against the 11 proposed bills. The meetings will be instructive, and are open to everyone. WAR "MEDIATOR" IS BACK Washington Authorities Return Man Evidently Unbalanced. Eugene Kressler, a former Portland butcher, who became obsessed with the idea that he had a feasible plan to end the European war and visited Wash ington to lay his scneme before Presi dent Wilson and the German Ambassa dor, has returned to this city. Local authorities are puzzled as to the disposition of his case, it being manifest that Kressler Is mentally un balanced. He was accompanied here by A. H. Tyson, of Washington, su- WhyCuiiciirals So Good For The Skin and Scalp 1. Because the Soap is a pure neutral sapona ceous solvent for im purities which clog the pores, often causing pimples and blackheads. 2. Because the Oint ment is a super-creamy emollient for soothing and healing conditions which cause the skin to redden, roughen, itch, burn, crust and scale. Sample Each Free by Mall with 8J-p. book on th akin. Addrm ptin: "Cutlcur. Dpc. IS, Bottom." Sol4 crerxwbv. Abcrdcn Men Enlist. ABERDEEN. Wash.. Oct. 11. (Spe cial.) Captain H. A. Comeau. of Com pany G. whlcli returned Sunday from American Lake, has issued a call fur recruits, his desire being to keep the company up to full strength if possible. Yesterday he received four new men. two of whom were brought In by a Greek who was with the company at Calexico. Captain Comeau plans to re ir wo.VIv drills In about SO darn. Some Coffee Es too much one way Some too much the other Gclden West Coffee Is "Just Rfchr San Francisco's likeable HOTEL American or EaTOptan lUu Ritht Serk RUht Obadiah Rich, Manager STY FOR Northern Pacific Ry. Is the Route THREE TRAINS DAILY NEW STEEL EQUIPMENT Close connections for Raymond, South Bend, Hoquiam, Aberdeen, Victoria, Vancouver, Bellingham, Everett, Ellensburg and North Yakima. DINING SERVICE The Best P ! TAC0MA and SEATTLE and Beyond Take the IT A CT NORTH COAST LIMITED M1U-.J X or ATLANTIC EXPRESS Both run through to' Chicago. TICKETS 255 Morrison St. Phones Main 244, A 1244 A. D. Charlton, A. G. P. A. Portland, Oregon v. .. ....