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.