The Sunday Oregonian., September 15, 1918, Section One, Page 15, Image 15

THE SUNDAY OREGOXIAX, PORTLA-p, SEPTEMBER 15, 1918.
15
LAWYER -EXPLAINS
HORATORIUH LAW
Rights of Soldiers and Sailors
Safeguarded Under Civil
Relief Act.
FIGHTING MEN PROTECTED
Xw Xot Indiscriminate, However,
In Its Workings, Say Chair
man of Legal Committee of
Portland Realty Board.
BT VT. B. SHTVEXY.
.Caalrmaa of lesal committee, Portland
Realty Board.
TTnder what circumstances may suits
nd actions be prosecuted against
"poni In the military service" of the
TTnlted States?
Can such persons or their families
j te evicted from a dwelling; for non
j payment of rent? Can a mortgage be
lurvcioBcq or uxu collected upon
' property owned by a soldier? Can a
, Judgment be taken on a note given or
a. debt owing by a person In the mili
tary service? Can the moneys due to
I a person who subsequently enlists or
Is drafted b attached or garnisheed?
Can a contract for the sale of real
' property be enforced or foreclosed
against a soldier? Can furniture or
ether chattels sold on a conditional
aale contract be replevined for nonpay
nent of the regular Installments? Is it
possible to evade or postpone an ob-
, ligation through the device of making
. a-n assignment to a soldier or sailor?
In short, what relief can be obtained
i through the courts upon claims and de-
! znands on persona in the military serv
'fce?
Maay Affected by Law.
AH these and many other questions
' inquire an examinaiton of the soldiers'
and sailors' civil relief act. which be
came a law in the United States on
March "&. At the time of the passage
of this act, its effect was not felt so
much by the business world in view
ef the fact that it mostly affected the
younger classes, and among these
chiefly the unmarried men. whose con
tractual obligations were comparative
ly few.
In these days, however, the new
draft Is about to affect men up to 4.
Many men of affairs are to be taken.
Practically all of them probably have
obligations of one kind or another.
Moreover, there will be many who will
hesitate to lend money on mortgages
or sell property on time payments or
to have any credit dealings whatso
ever with any man under 46 who is fit
for military service.
It therefore becomes Important that
the public should know the scope and
effect of the moratorium act adopted
by Congress and now In effect. The
scope of this article will not. permit
an analytical discussion of all the
provisions of the act. Let us consider,
however. Its essential provisions.
Let it here be said generally that
the act does not, contrary to the public
belief, exempt a person In the military
service from liability on his contracts.
The act Is broad and comprehensive.
but essentially fair. Business may
etlll be done with prospective sol
dlers and sailors, and unless the pres
ent moratorium la amended and Its
t provisions broadened, the contracts so
; made may be enforced, or the rights
! of creditors and others preserved and
( protected for the duration of the war,
Act Plata In 'Pnrpoae.
It must be kept in mind, however,
fthat our every energy must be cen
tered on the winning of the war and
' that in so doing private rights and con-
tracts must yield to this vastly more
Important matter. The man who fights
for those who stay at home Is to be
preserved as tar as possible Irora
! private business worries while be
ierves for the public good.
That this was the idea of Congress
In enacting the act is shown by the
statement of the purpose of the legisla
tion in section 100 of the act, as fol-
lows:
That for tbe purpose of enablta the
'United Btatea the more successfully to
prosecute and carry on the war In which
it Is at present encased, protection is here
. by extended to persons in military service
sf the United States ta order to prevent
prejudice or injury to their civil rights
luring their term ef service and to enable
them to devote their entire enersy to tbe
- military needs of th Kation, hereby pro
1 vldins for tbe temporary suspension of
legal proceeding and transactions which
' may prejudice the civil rights ef persons In
' such service during the continuance of the :
present war.
It Is important to remember that the
, act applies to and protects not merely
soldiers and sailors, but all persons in
military service," who are described
XsecUon 101) as follows:
All officers and enlisted men of the
i yog-iilar Army, the regular Army reserve, the
f Ofricera Reserve Corps and the Knllsted
Reserve Corps; all officers and enlisted men
ef the National Guard and National Guard
Reserve recognised by tbe militia bureau
of the War Department ; all forces raised
under tbe act entitled "an act to authorise
the President to Increase temporarily tbe
military estabushment of the United States,
aporoved May 18, 1S1T; all officers and en
listed men of tbe Navy, the Marine Corps
and tbe Coast Guard; all officers and en'
listed men of the Naval Militia. Naval
- Reserve Fore. Marine Corps Ksserve and
National Naval Volunteers recognised by
tbe Navy Department; all officers of the
Public Health Service detailed by the Fee-
retary of the Treasury tor duty either with
the Army or the Navy; any of the per
sonnel of tbe Lighthouse Service and of the
Coast and Geodetic Survey transfsrrsd by
the President to the service and Jurtidlc
tton of the War Department or of the
Navy Department: members of the Nurse
Corps; Army rieia cieras; tista cisrus.
Ousnermastsr Cerps: civilian clerks and
employes oa duty with the military forces
detailed for service abroad In accordance
with provisions of existing law; and mem
bers of any other body who have hereto
fore or may hereafter become a part of
the military or naval forces of the United
States. . . . Reserves and persons on
the retired list shall not bo Included In the
term apersons In military service" until
ordered to active service. The term
active service" shall Include the period
during which a person In military service
Is absent from duty oa account ef sickness,
wounds, leave, or other lawful cause.
And where a soldier is reported
"missing" he shall be presumed to con
tinue in the service -until accounted
for or officially reported "found" or
"dead." (Sec. 601). Persons In military
service may Include individuals and
also partnerships, corporations and
other business associations. The act is
effective until the termination of the
war "by the treaty of peace as pro
claimed by the President" and for eix
months thereafter and protects persons
in military service from the time active
service is entered until the date of dis
charge or death while in such serviee.
I The act further provides that its
provisions shall extend to the protec
tion not only of persons engaged in
service, but also of their sureties.
guarantors, indorsers and others sub
ject to the same obligation or liability.
Moreover, it protects persons In the
service who are plaintiffs as well as
those who are defendants.
It is popularly supposed that the
moratorium absolutely prohibits" the
filing of any suit or action against a
soldier or the taking of a Judgment
against him. Such is not the case.
Section 200'of the act provides that be
fore a default judgment may be en
tered in any case an affidavit must be
filed showing that the defendant either
is or is not in the military service and
if he is in the service, judgment shall
not be entered against him unless the
court expressly directs its entry.
In such a case the court is authorized
to do a variety of things, in its dis
cretion; it may appoint an attorney
to protect the defendant's interests, or,
it may require as a condition before
entering judgment that the plaintiff
file a bond approved by the court con
ditioned to indemnify the defendant
against any loss or damage actually
suffered If the Judgment should sub
sequently be set aside In whole or in
part; or, the court may stay (i. e. post
pone) the proceedings against the de
fendant for a period of time re be fixed
by the court, unless in the opinion of
tbe court the ability of the soldier to
conduct his defense is not materially
affected by reason of hls military
service (sec 201); or the court may
permit a Judgment to be entered, but
stay its execution temporarily. The
court is further-authorized to vacate
or stay any garnishment or attach
ment whether made before or alter
judgment. Any stay granted by the
court may be for the period of the war
and three months thereafter, or any
part of such period. v
It will thus be seen that the court
will still grant relief in cases where
persons in military service are in
volved. A wide discretion, however, is
vested in our judges, who under the
provisions of the act are empowered
and, indeed, required, to carefully and
fully inquire into the particular cir
cumstances of each case and make their
rulings as Justice, equity, fairness and
the commonweal may require, keeping
In mind at all times the purpose of the
act; to enable persons in the military
service to devote their entire energy
to the military needs of the Nation.
(To be Continued Next Sunday.)
Illlllllllllllllllllllllllllllllllllllll
BUSH and LANE PIANO
' . COo WILL MOE .
TIMBER OW'XEB WILL- VISIT 1
T. C. Starret, of Detroit, to Start Big
Logging Operations.
EUGENE, Or., Sept. 14. (Special.) I
Thomas C. Starret. of Detroit, Mich.,
member of the firm of Starret & Hovey,
owning one and one-quarter billion feet
of timber on the Sluslaw watershed.
ill make a trip to Oresron within the
next few weeks for the purpose of put
ting plans for logging operations on
large scale under way, according
word received here.
The firm of Starret Hovey -is the I
financial Interest back of the Siuslaw
Boom Company, which was granted
franchise for logging operations on the
Siuslaw by the Oregon Public Service
Commission. The franchise which vir
tually gives the company exclusive I
control over the use of the stream for
logging operations provides that the
work of improving the stream must I
begin within SO days.
LARGE DAIRY FARM SOLD
Several Deals In Lewis County Real
ty Are Reported.
CENTRALIA. Wash., Sept. 14. (Spe-
clal. ) Fred Aust has sold his 186-acre
dairy ranch at Forest to David Mc-
Cann. The consideration . was 119,000,
the sale including 20 bead of cows and
all dairy equipment. The new owner
came from Montana. Mr. Aust also an
nounced the sale of 171 acres near
Olympia, recently purchased from Mrs.
Mary Schonard, ti Jack Burns. The
consideration was 112,000.
The sale of George M. Snyder's 20-
acre farm in the Salter Valley, east of
this city, to A. E. Robson was also an
nounced. The consideration, was S2S0.
to TKeir New Store, Corner Broadway and Alder Street!
HIS announcement, we hope, will come as an agreeable surprise
I to our many friends and patrons. Realizing;, as: we 'have, for
some time past, that our business has far outgrown our present
location, hence the necessity of moving as above stated. Some 9 years
ago the house of Bush & Lane was established in Portland; then, as
now, a policy of lofty ideals based on strict and dependable business
methods, was the rule; under no consideration will, the company allow
any selling methods that do not measure up to this standard of
TRUTHFUL ADVERTISING. .
r' HAS long been our motto, "The best that money can buy." We
fear no contradiction of the assertion, and as such we have many
times backed our statement, agreeing to forfeit $1000.00 in cash if
any builder of pianos proves us wrong.
And so it has been for the past nine years (good goods and reason
able prices and a steadfast determination to win and hold the con
fidence of the public), with the result as above stated that. we find
ourselves urgently needing bigger and better quarters.
T-Ji". mr a
P
Mi
BUSH & LANE 8
SONORA
VICTOR D
SONORA
BUSH & LANE STYLE 10
SONORA
It is our ambition to take with us into the new store a full and com
plete line of new Pianos and Player Pianos of the very latest designs
and styles in UPRIGHTS, GRANDS and PLAYER PIANOS. In
order to do this, we are going to sell off all of our big stock of used
and traded-in pianos and player pianos that we have taken in exchange
from time to time. We have many very fine values in slightly used
pianos ; these we will sell at prices and on such terms (to responsible
people) as will not be repeated again for some time to come. If you
cannot afford a new piano, inspect our used stock.
An Actual and Bonafide Redaction cf From $65 to $250 From tbe Regular Prices on the Pianos Listed Below
BUSH & LANE (Player), No. 44860 (Demonstrator)--SOLD
BUSH & LANE (Player), No. 39703 (Demonstrator)
BUSH & LANE (Player), No. 43462 (Demonstrator)
BUSH & LANE (Player), No. 43525 (WaL, like new)
VICTOR CECILIAN (Player), No. 44287 (Mahogany)
FARRAND (Player), No. 22199 (Mahogany)
FARRAND (Piano), No. 22669 (Oak)
KEMBLE & WARD (Piano), No. 31561 (Walnut)
BUSH & LANE (Piano), No. 46403 (Walnut)
WILLARD (Used Piano), No. 36952 (Walnut) SOLD
M. SCHULTZ (Used Piano), No. 48965 (Walnut) SOLD
HARDMAN (Used Piano), No. 63532 (Mahogany)
BUSH & LANE (New Piano) No. 46098 (Mahogany)
BUSff & LANE (Used Piano), No. 41992 (Style 10) .
FARRAND (Used Piano), No, 20012 (Walnut)
FARRAND (Used Piano), No. 22094 (Mahogany)
SCHILLER (Used Piano), No. 17907 (Walnut) SOLD
KOHLER & CAMPBELL (Piano), No. 109933 (Oak) SOLD
FARRAND (Piano), No. 22824 (Mahogany) gffigAiE? SOLD
FARRAND (Used Piano), No. 22094 (Mahogany)
FARRAND (Used Piano), No. 22822 (Mahogany)
FARRAND (New Piano), No. 22634 (Walnut)
BUSH & LANE (New Piano), No. 45840 (Mahogany)
BUSH & LANE (New Piano), No. 46358 (Mahogany) SOLD
VICTOR (Piano), No. 46691 (Walnut) SOLD
VICTOR (Piano), No. 45893 (Mahogany)
VICTOR (Piano), No. 45733 (Oak)
FARRAND (Piano), No. 22449 (Walnut)
FARRAND (Piano), No. 22390 (Mahogany)
BUSH & LANE (Piano), No. 46463 (Walnut)
BUSH & LANE (Piano), No. 43254
DECKER & SONS (Used Piano), No. 13353 (Black)
BUSH & LANE (Used Piano), No. 37084 (Mah., Style 8)
' - - NOTE THE ABOVE PIANOS MARKED SOLD WERE SOLD THE FIRST DAY OF THE SALE (WITHIN 24
H0UR AFTER THE ADVERTISEMENT FIRST APPEARED) THE BETTER VALUES REMAIN UNSOLD
We positively will not cart the above Pianos and Player Pianos over to our new store. We are confident of this, because of the extraordinary values
at the prices we have put on them. Only the above styles and numbers will be sold at sale prices, consequently it will be necessary that you bring this
ad with you. (Our regular stock is not affected by the sale.) In addition to the actual saving of from $65.00 to $230.00 from the regular retail
price, you will save the big increase (through increased costs and taxes) to be imposed very shortly by the Government. This should be a matter of
deep concern to you who contemplate the purchase of a piano or player piano. Don't treat the matter lightly cheap piano days have gone for some time.
WE HAVE A NUMBER OF GOOD, USED TALKING MACHINES which have been taken in exchange on
the wonderful Sonora Phonograph, which is rightfully termed the highest class Talking Machine in the world,
because it is delightfully different and, musically, the most perfect in the world. This fine assortment of used
Phonographs, which embraces many different designs in all of the various woods, will be sold at remarkably
low prices, and upon reasonable terms. See them without fail.
Bush and Lane Piano Co., Cor. 12th and Washington
WE DO AS WE ADVERTISE BRING THIS AD WITH YOU ' .
I I - J
tv-i
Realty Deals Closed.
CEVTRALIA, Wash.. Sept. 14. (Spe
cial.) Two more farm deals have been
closed by local realty firms. John
Hardinger purchased J. M. Vaughan's
40 acres on Lincoln Creek for ?200o.
and Joseph Hersog, ef Tacoma, bought
S. K. Sampson's ranch in the Salxer
Valley, east of Centralis. The con
sideration was not announced.
illiiililllM
BIG TIMBER DEAL MADE
5000
ACHES IJf LlJfSi Asm IiAJfE
corvriEs sold.
Directory Prominent
Life Insurance Agencies
hlemben of Ufa Underorilen'
Auocialion of Oregon.
Win. Geldman. General alsnaser.
RATIONAL LITE OK VEj&OXZ,
' Oregontsn B!d(.
H. O. Coltoa. Man&fer.
MASSACHUSETTS MUTUAL. MFsV
Chsmser el Commerce Bids.
. L. riirnae). General AtenL
FINN MUTUAL, LIVE.
Northwestern Beck E'd.
f Horse Mernlsm, Mansfer.
I KtW ENGLAND MUTUAL Lira.
. 1 northwestern Bank Bids;.
H K. Alttee. OesersI Afeat.
NORTHWESTERN MUTUAL Lira INS. CX
Northwestern Bsnk Bide.
T H. VlcAllls. State Mrr,
nClOJI MUTUAL LIFE INi jCQLt.
ef It-SiitX
ACTRESS GIVES VIEWS AS TO PLAT.
1XU 81I.VOK ROLES.
i? & . . -y -r
-V . v
-
Montana M Bnys for Approximately
5 00,000 Some -433,000,000 Feet
of Timber.
Sale of a large timber tract contain
ing 431,000.000 feet of timber and in
cluding more than 000 acres of land
has been closed by P. S. R. Walker, of
the Great Western Land Company.
Alfred L. Thomas, or Montana, is ine
purchaser. The price is understood to
be close to 1500,000, according to word
received here from Eugene.
The tract is west of Monroe, Or., and
comprises what is known as the Mon
roe Timber Company holdings. It lies
on the Alsea River and Lake Creek,
part being in Linn and part in Lane
County.
it is nnderatoed tnai Mr. xnomae win
install a new mill of about 100.000 feet
.-nnritv. to besrin operations very soon.
Associated with Mr. Walker In the deal
was J. Darling, also ot bugene.
Li ' "
HOME MARKET IS ACTIVE
FRAXK I BIcGUlRJE SATS UEIA-IU
IS VERY HEAV Y.
Vis Mary Cats.
Th views, of any actress who has
mads a success of her profession sre
interesting. Miss Mary Gates, who will
be seen in the role of Mary Hart In
"The Unmarried Mother" at the Heilig,
In an interview th other day said:
I hear cries from all sides lor ine
resumption of the old stock company
system, wherein a player sometimes
serves for years, but la my opinion one
year of leads or two years of minor
roles is plenty. - wny no more, is oe-
use it Is physically impossible to put
all your nervous and emotional energy
Into your various roles. Alter a snort
time yon learn to give the, audience the
lew.. l&lAK. ii .
Former Heaters) Wow Dealr rar.
chase Their, Own Homes' at
Moderate Prices.
"Horns buyers cf today were, ' the
renters of the past who have corns to
realise tne Importance oi nome owner
shin and the spirit of thrift thus en
couraged," eays Frank L. MoCJuire, ex.
president or the rortiana neauy ooara.
'Newcomers to Portland, instead of
being encouraged to rent bomea, aa in
the past, are not willing to purchase
homes. This is" one factor in giving
Portland a large permanent population.
The movement is one that should be
fostered, for the sooner people realize
that they should own their own homes,
the hnriDisr will be their existence.
"There are hundreds of homes Jn
Portland at prices within th reach of
any reliable person. Contrary to gen.
eral belief, there is no shortage in
homes for sale, though, under the pres
ent large demand, prices are Increaa.
ing and there soon will be a limited
market-
."Everjr indication at present points
to an aetive realty market during the
coming Fall and Winter. I do not be
lieve that Portland ever experienced a
more lively realty market limn it will
have In this period. Each week the
demand for moderate-priced homes be
comes greater."
Among recent aales by the Frank L.
McGuire Company are the following:
Sold for C. M. Harrispn to H. B. Will
iams, 1115 East Eighteenth street
North, for 18000; for H. Jrtnicko to I. C.
Bevel, 1671 East Morrison street, for
13000; for Mary J. Graham to Charles
Hansen, 25 East Hoyt street, for
$2500; for Tyson Kinsell to Joseph J.
Nunes, 400 Forty-eighth street South
east for $2250; for Lucy Inman to A. R.
Eastman, 750 East Fiftieth street for
$1900; for W. A. McDonald to Helen G.
Tuttle, 42$ Baldwin street for $1500;
for Carl F. Hager to Herbert Williams,
1502 Fern street for $1100; for Grace A
Hale to C. M. Wood, 1609 Huron street,
for $1400; for R. B. Milne to H. L.
Crawford, S44 East Thirtieth street for
$2500; four houses at $1000 each, and
many more.
HEIGHTS PROPERTIES SOLD
Three Residences Are Transferred
Through Mrs. John Brooke.
Three sales of Portland Heights resi
dence property were made last week
by Mrs. John' Brooke. - 8he sold th
seven-room residence of Catherine L.
Blum at 5 Terrace Drive to Mildred
May Stott for approximately $4000. An
other deal was the sale for Thera N.
Tocum .to Nell 8. Mitchell of a seven,
room bungalow at 680 Ravensview
Drive for $4500. The lot, $0x161 feet,
extends through to Corona avenue. The
third sale was that of a six-room bun
low and two lots at TT3 Talbot road, in
Greenway, for H. S. Booqe to Llda Con-
ve for $6500.
Mrs. Brooke, who handles Portland
Heights property exclusively, says she
has many calls these days far nouses
costing less than $5000.
Hod River Tract Is Bought. -
HOOD RIVER, Or., Sept 14. (Spe
cial. P. H. Mohr & Bros., owners of
the Bonansa Fruit & Stock Farm on
the East Bide, have purchased Irom
T. D. Calkins a 20-acre orchard tract
adjoining their place. The new place
will be made part of the Bonansa farm.
now Increased to 140 aeres. They also
own $20 acres f farm land in the
Upper Hood River Valley, making them
among the heaviest individual land
owners in the dlstriet.
Two of the Mohr brothers, raui and
Carl, are In a balloon squadron of th
Army. They are stationed at a Rhode
Island cantonment.
Albany women not only are assisting
In the committee work for the coming
liberty loan-drive, but are -appearing
as four-minute speakers as welL Mrs.
Viola Price Franklin, librarian of Al
bany's public library, was the first
local woman to assist in this depart
ment, appearing at one- of the- local
theaters last week. Last evening Mrs.
Rockey E. Mason spoke at the Globe
Theater and Mrs. Willard L. Marks at
the Rolfe. Mrs. C. C. Cathey Is chair
man of the committee in charge of
four-minute talks by women.
Albanv 'Women Real Patriots.
at,tiavt-. Or, Sept: li. .(SpeclaL.
N Freezone is magic 1 Apply a few drops on
a sore, touchy corn or a painful callus. Instant-'
ly" that corn or callus stops hurting you. Then
shortly you lift that bothersorrfe corn or callus
right off, root and all, with the fingers. No!
Not one bit of pain, no soreness, no irritation,1
FREE TO
Pile Sufferers
Dont Be Cut Until Ten Try This New Horn
Cure That Anyone Can Use Without IMs- .
comfort r Loss of Time. Simply Chew Up
a Pleasant TasttBS Tablet Occasionally sad
Bid Vouraelf Permanently ot Piles.
v
A few centt burs a tiny bottle of the magic Freezon at any drug store.
Sufficient to remove every bard corn, soft corn, com between tbe toes and
painful callus from one's feet. Freezone Is the rguch-talked-of ether dis
covery of a Cincinnati genius. Corns and calluses lift away without even
a twinge of pain. Why wait? Nohumbugl .
LET HE PROVE THIS FREE.
My ifitemal method for the treatment and
permanent cure of piles le th correct one.
Thousands upon tnoueanat ot cureo- eaaee
testify to this, and I want you to try tula
method at my expense.
No matter whether your ease la ef ions
standing or recent development whether It
J ehronJo or acuta whether It is occasional
or permanent you should send for this free
trial treatment.
No matter where you live no matter what
your age or occupation If you are troubled
witn pnea, my meinoa wiu relieve you
promptly.
I especially want to send It to thoae appar
ently bopeieas cases where all forms of oint
ments, salves, and other local application
have failed.
I want yen to realise that my method of
treating piles Is the one Infallible treatment.
This liberal offer of free treatment is to
Important for you to neglect a single day.
Write now. Send no money. Simply mail
the coupon but do thie now TODAY.
FREE PILE BEMZDI
E. R. Pate,
947 Pies Bide. Marshall. Mich.
Pleas send res trial ( jour Method
to:
Gives Wife
Adler-i-ka
"My wlf was' pronounced incursbl
by physicians unless operated (com
plicated bowel trouble). began giving
her Adler-i-ka and she Is imprqvinK
snd I mean to continua until she Is
cured." (Signed) J. H. Underwood, Ma
rlon, Ala.
Adler-i-ka expels ALL gas and sour
ness, stopping stomach 'distress Ji"
PTANTIV. Empties BOTH upper and
lower bowel, flushing ENTIRE alimen
tary canal. Removes ALL foul matter
which poisons system. Often CUBES
constipation. Prevents appendicitis. We
have sold Adler.i-Jta many years. It Is
a mixture of buckthorn, cescara, glyc
erine and nine other simple drugs,
gkidmore Drug Co., (and leading drug
gists). Adv. , .
IS !
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it
at
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