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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Feb. 21, 1904)
2S THE SUNDAY OREQOlsIJCN, JPQRTLA3TD. FEBRUABY 21, 190i. NO DIVORGE NEEDED Court Says Life Sentence Ends Marriage Contract DONVICT IS' LEGALLY DEAD Wife of Theodore Luebcke, Now In Prison, May Remarry Again With out Any Further Dissolution of Her- Matrimonial Ties. A man imprisoned in the Penitentiary for life is legally and morally dead, and his -wife can marry again -without bavins first procured a divorce. This opinion was expressed yesterday by Judge Cleland in the case of Sophia Luebcke vs. Theodore Luebcke. In 1896 Luebcke was convicted in Port land of murder in the second degree, and received a life sentence. Recently his -wife commenced suit against him for a divorce, and Luebcke, who in seeking to obtain a pardon, filed an answer stating that she -was not entitled to prosecute "the action because she had allowed more than three years to elapse before filing the com plaint, and also had visited him frequent ly at the Penitentiary and had condoned his offense. George J. Cameron, who represents Mrs. Luebcke as attorney, filed a motion to Btrlke out the answer on the ground that Luebcke Is civilly dead and has no1 stand ing in vourt. Judge Cleland in his decis ion, while expressing the opinion that Mrs. Luebcke Is privileged to marry without having obtained a divorce, since this suit has begun, allowed the answer to stand, thinking that as a result of his so doing an appeal may be taken to the Supreme Court and a decision secured on this point, none having heretofore been ren dered. In passing upon the case Judge C.eland said: "The defendant claims In his answer that suit was not filed -within a year after he was sentenced, and that his wife for gave his offense by calling at the Peni tentiary and sympathizing with him. The question for the consideration, of the court, therefore, resolves itself in this way. Give the right to proceed against a ;onvict civilly dead; give the right to serve him with the processes of the court, and the right to secure judgment in a suit. Does his being civilly dead prevent him from defending his lights, if he has any rights, In a suit brought against him? "It seems to the court that under the circumstances to serve papers and thereby rail upon him to make a defense is en tirely against the spirit of our law, un less good reasons should be shown for adopting such a course. I have never found a single caso which goes to that extent, which even by Implication justi fies the assumption that a man may be called upon legally to make a defense and then be precluded .from making that Defease because he is civilly dead. "It may be, and there is considerable reason to assume, in such a case as this, that the very fact of a life sentence being pronounced on a man makes him civilly 3ead, and thereby dissolves the marriage relation, being a civil institution under the law, but that phaso of the question floes not come before me, and I do not think that the court should entertain it at this time. Accordingly, a motion to strike out the answer will be denied." Ater court adjourned Judge Cleland d'scussed tin matter with some attorneys and others, and said he thought Mrs. Luebcke can remarry now, the same as if st" had been divorced, and that if Luetjke should be parried it would not HINTS FOR THE Monday, February 22. BREAKFAST. Hood River apples. Hamburg steak. English muffins. Buckwheat cakes. Coffee. LUNCHEON. Turkey soup. II am omelette. Lyonnalne potatoes. Tea biscuits. Compote of apples. Coffee. DINNER. Clear soup. Fresh boiled tongue, sauce plquante. , Stuffed potatoes. Stewed tomatoes. Turkey salad. Prune gateau. ; Cfceese. Coffee. Water biscuit Tuesday, February 23. BREAKFAST. Oranges. Cereal. Cream. Lamb oh Bps. French tried potatoes. t Cera muffins. Coffee. LUNCH. Cold tongue. Poaotied eggs with tomato sauce. Water cress, French dressing. Cookies. Tea or cocoa, DINNER. Potato soup. Steamed clams. Braised veal, brown sauce. Stuffed petatoes. String beans. Waldorf salad. Fig pudding. Coffee, etc Wednesday, February 24. BREAKFAST. Shattuck. Cereal. Cream. Calves' brains. Com muffins. Coffee. LUNCHEON. Bouillon In cups. Tomato and egg cocottes. Ponovers. Coffee. Sweet pickles. DINNER. Cucumbers. Green pea soup. Broiled sea boss. Tartare sauce. Chicken livers with mushrooms. Baked chicken. Clblet sauca. Sweet potatoes. Southern style. Com pudding. Buttered beets. Lettuce and egg. Mayonnaise. Coffee lee cream. Macaroons. Coffee. Cheese. Wafers. Thursday, February 25. BREAKFAST. Prunes, with whipped cream. Bp&nU-h emdet. Julienne potatoes. English muffins. Coffee. LUNCHEON. Welsh rarebit. Saltlnes. Pickles. CetfeJ. DINNER. Tomato and tapioca, soup. Celery. Olives. Chicken croquettes. Filet of beef. Mushroom sauce. Browned potatoes. Oyster plant. Spinach. Chicory salad, French dressing. Cream pie. Cheese. Coffee. Wafers. Friday, February 26. BREAKFAST. Baked apples, with whipped cream. Sidney, tomato sauce. Shoestring potatoes. English mucins. Coffee. LUNCHEON. Fried smelts. Olives. Saratoga chips. Lettuce, French-dressing. Caffee. Cinnamon rolls. DINNER. Cucumbers. Clam chowder. Celery. Fish tlmbaies. Hat salmon loaf. Green peas. Stuffed green poppers.. Cauliflowers. Tomato salad. Mayonnaise. Itum omelet. Coffee. Saturday, February 27. BREAKFAST. Fruit. Cereal. Cream. Egg 'crocuetiesL . Buttered toast. Hot flannol cakes. Coffee. LUNCHEON. Celery soup. Cold salmon-loaf. Saratoga, chips. VXeost with cheese sauce. Tea, or eaffee. DINNER. yeper pot. affect the matter. The court also com mented on the fact that a man legally dead can still hold whatever property he owns and dispose of it. Court Notes. Mabel Stevens has filed suit in the State Circuit Court against Earl Stevens, for a divorce, because of desertion. The motion of the defendant for suit money in the divorce suit of David B. Carr against Sarah Carr was denied by Judge Cleland yesterday. Ursula Tapfer yesterday filed suit against Patrick Murray to recover possession of a strip of land, 1.4 by C3 feet. The litigants own property adjoining each other at Baker and-Fourth streets, and there is a dispute about the boundary line. T. T. Struble, Phllo Holbrook and H. C. Breeden, executors of the will of Louis Love, deceased, commenced suit in the State Circuit Court yesterday against Fred D, Love, Elizabeth Love et aL, to foreclose a mortgage for $1000 on six acres of land. The heirs of Lewis Love, -40 in number, arc included as defendants. Ida May Ferrea has sued Sylvester Fer ree for a divorce because of cruel treat ment. They were married at Grant's Pass In 1132 and have no children. Mrs. Fer ree in her complaint avers that her hus band threatened to kill her. and says she Is afraid he may carry his threats Into execution. Jamos Gleason appears as her attorney. Suit to foreclose a mortgage for 5300 on lots IS and 19, block 5, Maegly Highland, was commenced in the State Circuit Court yesterday by T. S. McDaniel against Wal ter V. and LI da. Lipjiincott. The com plaint stales that the Uppincotts mort gaged the lots to James Humphreys, with the agreement that Humphreys should prosecute a suit and defeat tax titles against the property. Humphreys did so, and has assigned his claim of $300 to Mc Daniel. On pace SI ot this issue of The Oregonlan is the first of a series of interviews with well-known Port landers dljcuseing- the opportunities which various professions and pursuits otter to tho young man of today. In them will be voiced the opinions and advice of men who have attained tnich prominence in their respective lines as enables theri to Fpeak with authority. Their statements will be of exceptional interest to young men and to the par ents of the rising generation. Tho next article, which will be pub lished Sunday, February 2S, will be an interview by "A. C" with J. P. O'Brien, superintendent of the O. B. & N. Co., on the merits and demerits of the railroad as an occupation for a rounc man. HOTEL M0KTE CEISTO, At Everett. "Wash., is being refurnished and refitted throughout. New furniture, carpets, beds, plumbing, eta, are being installed. The house is being redecor ated, and when present alterations and improvements are completed, this hotel will be one of tho most attractive in the Coast. Especial inducements will be offered to commercial and transit business. The report that tho hotel has been sold has no foundation, and the property will be continued as a strictly high-grade and up-to-date ho tel. Albanians Again Routed by Turks. SALONICX Feb. 20. Another battle occurred between the Insurgent Albanians in North Albania and the Turkish troops February 19. The Albanians were beaten, lcIng 500 men killed and wounded. The Turks also lost he?Hy. Shemshl Pasha,, who was In command of the Turks at DIakova, has been su perseded owing to the Sultan's displeas ure at his unduly severe treatment of tho Albanians. DAILY JVIENU Leg of mutton. Caper sauce. Boiled potatoes. Boston baked beans. Celery Mayonnaise. Orange and cocoanut pudding. Coffee. Sunday, February 28. BREAKFAST. Strawberries and cream. Veal sausage. French fried potatoes. Ught rolls. Coffee. DINNER. Stuffed olives. Dill pickles. Raw oysters on shell. Cream of tomato sous. Salmon cheeks. Pineapple fritters. Boiled turkey with oyster sauce. Potato roses. Spinach with egg. Cucumber boats on lettuce leaves with Tomatoes. Mayonnaise. Tuttl frutti ice cream. Cakes. Nuts. Raisins. Candles. Oregon cream cheese. Water thins. Coffee. , SUPPER. Cold sliced ham. Turkey salad. Pickles. "Peach preserves. Cake. Cocoa. Prune Gateau. One pound of prunes. Juice and rind of one lemon, one-half cup sugar, one gill cream, one-half ounce gelatine. Cook prunes in water they have soaked in. add ing the lemon juice, stick of cinnamon and sugar. When tender pass through a sieve. Dissolve the gelatine iria little cold water. strain Into the prepared pulp and pour into a mould. Set on Ice to chill and pour whipped cream around the baso of In the center of the dish into which they are turned. Compote of Apples. Make a syrup with one cup sugar, one cup of water, one stick cinnamon. Boil slowly for ten minutes, skimming well; pare and core eight or ten tart apples. Cook until nearly done In this syrup. Drain and cook them a few minutes In the oven. Boil the syrup until almost Jellied. Arrange the apples on a dish for serving; fill the core cavity with Jelly or marmalade, pour the syrup over them, put whipped cream sa round the base and garnish with jelly. Brain Cakes. Wash one set calf brains, yolk of one egg, chopped parsley, nutmeg, grated peel lemon, salt. Cook in water with little salt. Beat the brains up well with the yolk of an egg, parsley and salt, nutmeg and lomon peel. Fry them like small pan cakes. In butter. Chafing Dish Welsh Rarebit. Cream one level tablespoon of butter with one level teaspoon of corn starch; add one-quarter teaspoon salt and a pinch of cayeane pepper. Grate one-half pound of cheese. Heat one-half cup of cream or milk In blazer and blend with butter mixture. Set this over hot water, add cheese, stir constantly until melted and pour the mixture over wafers or squares of delicate toast. Another Chafing Dish Welsh Rarebit Grate the cheese or slice thin, placing in the pan with the hot-water dish under It. Stir and press with a wooden or silver spoon so it will melt without getting lumpy. When beginning to melt add a half tumbler of beer, ale or porter which ever Is most convenient never stopping the constant stirring. The seasoning which should be ready to add consists of salt, rod pepper, a pinch of dry mus tard, about a tablespoon of Worcester sauce and a dash of tabasco. When per fectly smooth and before getting stringy or lumpy, pour over toast on service plates. Ale or beer served with this makes a delightful luncheon. The recipes given abore oro all ap proved by the Portland School of Do mestic Science, where they have been demonstrated with great success; CARRIES A BIT OF RADIUM E. C. JOHNSON HAS A SPECK OF THE PRICELESS .SUBSTANCE. In the Darkness It Blazes Away Like a Constellation, and Never Grows Dim. A piece of radium about the size and shape of half the second hand on a lady's watch has found Its way to Portland in what is known as a spin thariscope and is at the present time blazing away in the pocket of Mr. K. C Johnson. It Is encased in all sorts of coverings of metal and leather to keep it from exerting its force through Mr. Johnson's clothes and making an ugly sore. It would do It, if it wore not properly cribbed and cabined with in the spinthariscope Professor A. B. Leckenby. formerly of tho State Experimental Station at Union, passed through Portland last week and left the spinthariscope with Mr. Johnson. He had. had it sent from London. The device was Invented by Sir William Crookeand forms a pocket edition of the eighth wonder of tho world. When a reporter called on the pos sessor of the radium, ot which there Is fully one-twentieth of a milligramme in the United States, he was ushered into a dark room and allowed to rest his eyes on an atmosphere about the color of a olack cat until they became focused to darkness and then he was allowed to look at the spinthariscope. A combustion of stars emanated from the little brass-colored needle. They left the radium with startling speed and died away as suddenly. The back ground was shiny-white sulphide of zinc. The reporter thought that per haps the meteor effedt had been tt.rned on for his especial benefit and pre sumed the needle was wearing away before his eyes, and that the sulphide of zinc was having some wasting effect upon it, but he learned that radium always acta that way and that all the radium in the world could give out heat and light forever and a day and still defy the law of the conservation of energy by not diminishing to an ap preciable extent. And this was not pure radium. In fact, radium does not exist by itself. As soon as it is set free it joins with some other clement. The two combina tions in which it has the strongest ef fect are the bromide and chloride of radium. This one was a bromide. On the outside of the spinthariscope there Is a remark that the radium on the inside has on activity of 300,000. This means that it does things with about 300,000 times as much force as anything else, and that when it Is around it makes the aifV 300,000 times more capable of conducting electricity. Some pieces of radium have an activity ot 1,500,000. IEGI0N OF LEWISES. Patriotic Society of Persons Bearing Name to Help Fair. SEATTLE. Wash.. Feb. 19. (To the Editor.) The many Lewis readers of The Oregonlan and their friends may be interested to learn .that the Lewis race of the United States has organ ized a fraternal, genealogical, historic al and patriotic society under the name of the Loyal Lewis Legion, and estab lished its home office and hall of rec ords in tho historic town of West Kingston, B. L While this society Is not yet three years old, it has a large membership In almost every state In the Union. .The legion has an official organ in Lewisiano, a monthly Journal, now in its fourteenth year and volume, which is edited by Professor Carl A. Lewis, of Guilford, Conn. The legion is composed of represent tative ladies and gentlemen, and is a three-degree secret society, thoroughly organized and prudently managed. Its membership is made up of busy and prosperous people In the communities In which they live. The legion is en titled to great credit for much impor tant work already accomplished. It has secured rec6gnltlon by the manage ment of the St. Louis and Portland Ex positions, In tho selection of "Lewis days" for a meeting of Lewises and ap propriate exercises commemorating the life, character and services of the great Virginian and explorer. Captain Meri wether Lewis, of Lewis and Clark fame. September 23, 1904, has been set apart as Lewis day in St. Louis, and August 12, 1905, is Lewis day at Port land. Edward S. Lewis, a prominent mer chant and citizen of St- Louis, has been appointed chairman of the executive committee of tho Lewis day exercises, and invites all persons at all Interested to send him Lewis names and addresses. It is claimed that his official roster of names Is "fast approaching the ten thousand mark. It behooves the Lewises of Portland and Oren to organize at once for the proper celebration of Lewis day at our Exposition on August 12, which will mark the centennial of the arrival of tho Lewis and Clark expedition in the Oregon Country. FRANK P. LEWIS. How to'Work" Old Soldiers. NEWBERG, Or., Feb. IS. (To the Editor.) A great many newspaper edi tors are worried because a service pen sion, if the law passes, is going to de moralize the old soldiers. Most of these (the soldiers, not tho editors) have been to the doctor several times over to have their various ailments diag nosed, in orderthat they might get a pension or an" increase. And I have not heard ot one who did not take all that was awarded him. The Brooklyn Times says: "It was tho men of high purpose who went to the front when the Nation's life was in danger, because they were determined that, if the sacrifice of their lives could prevent it, the cause of free govern ment would not perish from the earth. These men would not accept a service pension now." If there Is an old soldier who Is not already receiving more than a service pension would give him who will not FOUND AT 70. The Power of Food. An Illinois lady who never knew what health was unUl she reached her 70th year presents ah unusually convincing case of the power of proper food. She says: "I am 74 years old this Fall and I never bad good health that I can remember since I was a child, unUl I commenced to use Grape-Nuts lour years ago. "From the very first I could feel a vast Improvement, and now in four years I have gained so that I do all my own work, and I feci I cannot say too much in favor of Grape-Nuts and what this grand food has done for me. as old as I am. "I have recommended Grape-Nuts to several and they all have been benefited by It." Name given by Postum Co., Battle Creek. Mich. The power of the proper food "(which meanB food that the stomach will digest and at the samo time yields the all necessary nutriment) Is almos unlimited and that's the reason 10 days trial of Grape-Nuts often works a wonder. Look for the famous little book, "The Road to WeiMlle," id each package. off: we seix rr, rrs good." Five Big Markets Snsnyslde Market 0D7 Belmont street. Phone Scott ZOOS. Pacific "Market "West Parle and Washington. Telephone Main 1541. Albany Market 3C5 First street Phone Red 3220. Star Market 5SS Williams" avenue. Phone East C33. State Market First and Salmon streets. Telephone Main 1037. ' e ENGLISH BREAKFAST TEA (new crop) lb. 20c Butter, per roll 50c Jiavel Oranges, per doiea. 10c ? Hard Wheat Flour, sack $1.00 Z S cons Primrose Cream. .. ..... .25c 7 lbs. Jfavy Beans...; 25c New Crop., q Picnic Bam, per lb 10c e Macaroni 10-Ib. BOX Spaghetti 8 Yermlccnl I OOC 9 o Choicest Corn-Fed Meats In Portland, s THREE CANS PEAS, BEANS AND TOMATOES 25 CENTS i Portland Packing Co. o Dental Science is Exact And there Is no possibility of failure In any operation If the operator is skillful and posesses the necessary appliances. We have taken advantage of every modern appliance known to the profession that will Insure the best results and expedite our work. Wc guarantee the highest grade of skill without causing the slight est pain when extracting or filling teeth. Our results speak for themselves. AT SALEM we have opened a branch office in the Steusloff building, corner Court and Liberty streets. ' DR. B. SE. WRIGHT'S DENTAL OFFICE ZlZVi WASHINGTON STREET, Corner Seventh. IEES KK.ASOXAHLK. CONSULTATION FREE. Office hours: SA.1L to a P. M.: evenings. 7:30 lo S:2L Sundays. 10 A. 1L to 12 M. Telephone Main 2113. 'teke a jerv!cfc pension, if it is offered him, would he please say so In The Ore gonlan? Strange that a matter of two to four dollars per month for tho little remainder of a nearly spent life Is going to convert an exalted patriot Into a mercenary. But Congress need not pass the bill If It docs not want to. There is no fellow who Is more easily worked'-for a sucker than the average old soldier. Just let them pass it through the House, and hang It up in the Senate. Then each member of tho House can tell his old soldier constitu ents that ho did all fie could to mako it a law. and that it is sure tok go next time if they ro-elect him. That will bring more votes than to pass the bill otitrlghty D. PRIESTLEY. Suggestion for Tax Levy. JACKSONVILLE. Or., Feb. 18. (To the Editor.) Now that there Is no fixed rate - AT AUCTION Every, Horse for Absolute Sale rvlngtoo Park, March 1, 2 and Commencing Day at 10 A. IYL Rain or Shine wW IPS Trotters and Pacers, with and without records, for track or speedway. Stylish Single Drivers and Matched Pairs. Saddlers, Hunters, and Thoroughbreds. Light and Heavy Draft Horses for all purposes. .Breeding Stock tmd Young Racing Prospects. Family and Business Horses. Send for catalogue. Ladies cordially invited to attend sales. J. L M'CARTHY & S ROOM 8, HAMILTON BLDG. price. Other stores will claim that they make their own goods, shop is open to visitors, where the goods can be seen in process maker, and you will get better goods. Solid Oak Polished Secretary, French mirror, movable shelves in "CI 7 LA bookcase -pit vJl We Have the Finest Lot of - Tables in Portland Ash Tables, small legs $7.50 Oak Tables, 4-in. legs . .'. .$9.00 Oak Tables, large legs. . .$12.50 CARPETS CASH OR CREDIT E. of levy on valuation, would It not be a good time to assess property In the State of Oregon at its true cash value? It seems to me that visitors to the Lewis and Clark Exposition would bo more favorably Impressed with Oregon If tho tax levy was seven or eight mills on the dollar Instead ot 26. The law says we are to be assessed at cash value. Would It not look pretty well to have property valued up to that mark? PETER APPLEGATE. One out of every four persons who die la London dies "on public charity." MATTRESSES Every business man knows that when he buys from the manufacturer he can do better than when he is compelled to buy from the job ber or middleman If the price is the same the jobber's profit is taken out of. the quality. It's the same in every case. WE MAKE MATTRESSES. We do not aim to make cheaper mattresses than can be bought elsewhere. We make better mattresses than can be boueht elsewhere for the same Eight-Day Clock, guaranteed timekeeper, oak case, regu lar $3.00 Q( kind :pieKJ Very Special Rocker Sale Oak Rockers,double stretch ers underneath, with arms extra braced under the seat. $3.65 is theregu- Kf lar price, now pmJU Our Carpet Department is one of the largest in the city. New patterns for Spring have been arriving daily, and the lines will be complete this week with the arrival of 35 rolls of new art ingrains. . EDWARDS CARRIAGES, WAGONS, HARNESS THE EXCLUSIVE STYLE, CAREFUL WORKMANSHIP AND SUPERIOR FINISH OF A STUDEBAKER VEHI CLE ARE SO APPARENT THAT AR GUMENTS ARE UNNECESSARY Call and. See Our Choice May BRANCHES : New York, Chicago, Kansas City, Mo., Denver, Salt Lake, San Fran cisco, Dallas, Texas, Portland Or. FACTORY : South Bend, Ind. tudebaker Bros. Co. Northwest 330-336 East Morrison St, Portland, Oregon but very few of them do. Our of manufacture. Buy from the Solid Oak Chiffonier, golden finish, square French mirror, very superior C-19 cabinet work. ..P -Jw Highly Polished Round Ex tension Table, six feet long, 45 inches ci O K( wide .plOavJU s1oegsty!?,.8.!ee.t..$i5.oo CAShT OR CREDIT 185-191 FIRST ST. Late Arrivals Your Be Here Now ROOTS, HERBS, BARKS AND BERRIES Have been the subject jit our study for years. Wo under tand their action upon the human system, and are prepared to successfully treat Kidney, Liver and Stomach Troubles, Female Complaints and chronic Diseases which American doctors cannot handle. Nothing but pure vegetables used- Consultation freo. DR. WING LEE Chinese Physician, 280 Burnslde St., Portland' Or.