The Sunday Oregonian., September 22, 1918, Section One, Page 15, Image 15

"TIIE SUNDAY OREGOXIAX, PORTLAND, SEPTE3IBER 23, .1918.
15
MORATORIUM LAW
FACTS ARE TOLD
Business Not to Be Retarded
Greatly by Provisions
of New Act.
PROFITEER CURBED BY IT
Creditor Seeking Unjust Advantage
Against Sailor or Soldier to Run.
Afoot of Courts, but Others
"ccd "ot Worry.
This is the concluding Install
ment of an article explaining; the
Moratorium Act. known aa the
Foldiers" and Sailors' Civil Be
lief Act. enacted by Congress
and approved March I. 1918.
The first Installment appeared in
the Sunday Oregonian of Sep
tember 15. 1318. where the pur
pose of the act Is explained, the
persona protected thereby defined
and the powers of the Court
with reference to litigation in
volving "persona in military serv
ice" discussed.
BT W. B. SHIVELT".
' A special section of the act Is de-
Voted to rental cases. It provides that
there shall be no eviction, during the
Xeriod of military service where prem
ises are occupied chiefly for dwelling
xtursoses by the wife, children and
ether dependents of the person in mill
tary service, where the agreed rent
does not exceed 850 per month, except
xtnon leave of court.
In such cases the court is expressly
fclven power, if It determines that the
ability of the tenant to pay the rent
Is affected by his military service, to
stay the proceedings for a period of not
longer than three months or to make
such other order as under the circum
stances may be Just. The act provides
A way whereby a portion of the pay of
the soldier may be applied by the Gov
ernment to discharge such rents. It
further provides for a penalty (Impris
onment not to exceed one year or a
fins not to exceed 81000) for any per
son convicted of knowingly taking
fart In any eviction other than that
permitted by the act. (Sec 801.)
Another section of the act is espe
cially devoted to the subject of sale
contracts covering either real estate
or personal property. It provides that
after the seller has received a de
posit or a payment on the purchase
price from a person or from the as
signor of a person who after the date
of the payment or deposit has entered
military service, the seller shall not
exercise any right given by the con
tract to terminate or rescind the same
or resume possession of the property
for non-payment of Installments ex
cept only by permission of the court.
Nvroaarful Evlrtloat Psmlnhrd.
A penalty is provided similar to that
In eviction cases for any person who
ball knowingly resume possession of
such property, except by action of the
court. (Sec 301.) And the act further
provides that upon the hearing of Any
proceedings to foreclose a contract or
obtain possession of the property,
whether real or personal, the court may
order repayment of all prior payments
made, or any part thereof, as a con
dition of terminating the contract and
resuming possession of the property,
or may order a stay of proceedings or
make such disposition of the case as
may be equitablo to conserve the in
terests of all persons.
The act further provides that In any
proceedings based upon an obligation
dated prior to March 8. 1918, secured
by a mortgage, trust deed or similar
security upon real or personal property
owned by a person in the military
service, the court may, unless the abili
ty of the defendant to comply with the
obligation is not materially affected by
reason of his military service, stay the
proceedings or make such other dis
position of the case aa may be equit
able to conserve the Interests of all
persons. tSec. 301.)
It Is inferred from the foregoing pro
vision mat pleas for delay in fore
closure suits of mortgages executed
subsequent to March 8, 1918. will re
ceive scant recognition from the courts.
snd Indeed It would seem unfair to per
mit a man after the passage of the act
and the extension of the draft ages to
enter into financial obligations and
then after a few months take advan
tage of the moratorium to postpone his
jiaoiuty. The wpole act is based upon
he idea of fairness; it seeks to pro
tect those who have been surprised, as
it were, and obliged to abandon private
Business lor the public service.
Abw of Rights "afea-narded.
He who obligates himself with
knowledge of the close proximity of
His can to duty, who "with his eves
open" enters into an agreement to pay
money or perform a contract, should
not and probably will not be accorded
y the court the same degree of relief
ss will be given to him whose obliga
tions were made before it became ap
parent mat nis services were to be re
quired by the country. The whole
burden, however, of deciding what
leniency will be extended to each de
fendant "person In military service"
will rest upon our judges, in whom a
broad discretion Is vested. From these
decisions there will be no appeal ex
cept in cases of an abuse of discretion.
wnicn will ne rare.
Congress foresaw the possibility that
the act would open an avenue to the
unscrupulous for the practice of fraud
through the device of making transfers
of Incumbered property to soldiers,
sailors, etc, thus tending to postpone
the rights of creditors. If not wholly to
escape them. The act accordingly pro
vides that when It is made to appear
to the satisfaction of the court that
any Interest, property or contract has
Since March 8. 1918. been transferred or
acquired with Intent to delay the just
enforcement of a right by taking ad
vantage of the act. the court may
enter a judgment forthwith, the pro
visions of the act to the contrary not
Withstanding. (Sec 609.)
The act further provides that If any
Judgment shall have been rendered in
any proceeding against any person in
military service during the period of
said service or witl in 30 days there
after, and It appears that such person
was prejudiced in making his defense
on account of such service, the person
affected or his legal representatives,
may. not later than SO days after the
termination of the service, apply to
the court for a vacation of the Judg
ment and permission to defend, pro
vided it is also made to appear that
he has a meritorious defense; the act
provides further that a vacation or re-
ersal of any judgment shall not impair
he right or title of any bona fide pur
haaer for value under iwh judgment.
(Section 200; subdivision 4.)
Court's Pewers Large.
The court is also authorized to stay
the execution of any Judgment entered
against one who, after its entry, en
ters the military service. If the court
should appoint an attorney to protect
the interests of any soldier as above
provided, the attorney Is expressly de
prived by the act of powei to waive
any right of the person for whom he
was appointed or to bind him in any
way. (Sections 201 and 302.)
The act further provides that when
an action for the compliance or any
contract is stayed pursuant to the act.
no fine or penalty shall accrue not
withstanding the terms of the contract.
and further provides generally that a
person in tho military service may be
relieved from any fine or penalty pro
vided in a contract if bis ability to
comply with the contract has been Im
paired by reason of such service, (sec
Uon 302.)
The act further provides that where
a person In military service is a co-
defendant with others, the plaintiff
may, by leave of court, proceed against
the others. (Section 204.)
The act also contains a provision
relative to taxes and street assessments
and nrovides that if any tax or as
sessment, including city Hens, rails
due during the period of military Herv-
ice upon real property owned and oc
cupied for dwelling or business pur
poses by a person in the service or nis
dependents at the commencement of
the military service and still so occu
pied, its collection will be stayed If the
person In the service or some one in
his behalf shall file with the tax col
lector an affidavit showing among
other things that by reason of the mil
itary service, the ability of the person
to oav such assessment or Tax is ma-
teriallv affected: no sale of such prop
erty may then be made except upon
leave of court, but no stay snail do
granted for . more than six months
alter tho termination of the war.
Settlers Are Protected.
It should be noted that this portion
of the act does not apply to taxes on
personal property or to taxes ana city
liens upon vacant lots or upon any
real estate not actually occupied by
the soldier or his dependents for dwell
ing or business purposes. Ibe act
further provides that if any tax or as
sessment on any property of a soldier
la not tiald when due. the same snail
bear Interest until paid at tho rate of
ner cent per annum and no otner
penalty or higher rate of Interest shall
be enforced or collected. (Section ouu.
The present Oregon tax law provides
for a 15 per cent rate whtcn is sua
pended as to persons In military serv
ice by the moratorium act.
The act further provides mat no
right to any public lands initiated or
acquired prior to entering military
service under the homestead, desert,
mining or other land laws of the Unit
ed States shall be forfeited or Impaired
by reason of the soldier's absence from
the land while In the military service
or his failure for a like reason to per
form work thereon. (Section 601.)
The foresroing is a brief survey of
the essential provisions of the daw.
Business should not bo needlessly re
tarded, though the matter of extending
credit should be given more man tne
usual care Should litigation be nec
essary, the courts will undoubtedly
protect the "rights of both plaintiffs
and defendants, doing substantial Jus
tice between them in keeping with the
nnrniuu nf the actu-The nrosecution
of some kinds of lawsufts will be de
layed somewhat. Collection of unse
cured claims will b practically im
possible for the duration ot tne war,
but generally the courts have ample
power to and will prevent all unnec
essary losses. .
Tho secured creditor, who seeks an
unjust advantage will undoubtedly be
"postponed" by the court as to his
remedy, but he who does business fair
ly and squarely should have no fears
so far as the present moratorium Is
concerned. Het business continue "as
usual." .
v Opens Tomorrow, 9 A.M.
Don't fail to take advantage of this C. H. Baker method of introducing and popularizing
his new Fall and Winter styles. The prices are remarkably low, as you'll quickly
discover, when you see the Shoes. ,
"8
Days
Only"
962 New "Military Brown" Calf Walk
ing Boot, fawn cloth top, substantial Well
sole lealhet heel.
Reduced from 9.00 to
IS
953 Tan Calf Walking Boot, "trench"
color cloth lop, welt sdle, leather military
heel. '
Reduced from S8.SO to
Shop
Early
in the
--J j j
Hearst Tapers Are Banned.
KLAMATH FALLS. Or, Sept 21 .
(Special.) At a recent meeting of the
Klamath Falls teachers it waa voted to
subscribe for no Hearst publications.
GIRL GIVES CIRI.S TO
HEO CROSS WORK.
AID
77
Humphreys "Seventy-seven" breaks
tip Coughs, Colds, Influenza, Cold in
the Head. Catarrh, Sore Throat,
Quinsy, Tonsilitis and Grip. At all
Iruggists.
(SOLDS
. A r
.... ...V . S
Mildred Elisabeth Miller.
At first aha didn't really know
what to do. But Mildred Elizabeth
Miller, aged 9, who lives ot 6St
East Eighty-first street North,
was not to be balked in her de
sire to aid the Red Cross. So she
cut off her curls, all of them, and
they are now offered for sale at
the Red Cross Shop surely the
most unique and valued gift thai
ever was received there, where
most everything comes, soon or
late.
Mildred's brother Is somewhere
afloat on one of the fighting
ships of the American fleet.
148 New Dark Brown Kid High Lace
Boot, turned sole, dainty covered LXV,
heel, for temi-dress Wear.
Reduced from SIO.OO to
'1023 Soft Black Patent Leather Oxford,
turned sole, covered wood heel.
2002 Made by hand. Schoeber Bench
Made Tan Calf Pump, covered LXV. hecU
Reduced from S9.00 to
Reduced from 80.5Q to
if wmr"' ;
I'isMiili.i mtmmtmn laJ twMi1ssssttir1MiWsll
B-1211Sofl Black Kid Oxford, turned
sole, covered LXV, heel. Same in tan calf;
also gray nubuck.
Reduced from 8C5.50 to
Sole "Agent For Dr. A. Reed Cushion Shoe For Men Also
The Nettleton Shoe
San Francisco
Los Angeles
Portland
1 X
JL-
BUILDERS TO AID GOVERNMENT
Portland Exchange Decides Not to
Discuss Change la Wage Scale.
The following resolution was adopted
last week by the board of directors of
the Builders' Exchange:
"Resolved. That it is the sense of
the board of directors of the Builders'
Exchange that, in view of the fact that
the National Federation of Building
Industries and the National Associa
tion of Builders' Exchanges have both
pledged every possible assistance to
the United States Government, it would
be unwise at this time for any of the
allied crafts in connection with the
building industry to in any way enter
into any discussion in regard to change
in existing wage scales before re
ceivlng the report of the Taft-Walsh
Commission, as we feel such discus-1 (1
slon would De in a measure unpatriotic
and disloyal."
True Conservation is to buy
. ahead
Buy Several Pairs
Largest Retailer of Shoes West of Chicago
380 Washington St. 270 Morrison St.
308 Washington St. , 270 Washington St.
Be one of the first to wear
these smart shoes
Buy Now
QUESTION OF HUMAN RIGHTS
DEVELOPS ON POTATO HILL FARM
Women Folks Say Picking Peas and Strawberries Is Work for Men; Latter
Are Busy Harvesting Hay, 'Consequently Canned Goods Are Eaten.
OTATO HILL FARM is three I to the Army, but has been temporarily
miles from town, and very 1 kieo unui mo beasuu s rujn ovBr.l
afternoon Adelaide goes in af
ter fhe evening paper," writes Mr,
Howe in K. W. Howe's Monthly. "I
bought her a car, and taught her to
operate it, for the following reason:
"Our colored washerwoman at first
had a horse and wagon in which she
drove out. But the horse died, and I
was compelled to go after her.
"Colored people always know each
other, and I noted that on the streets
she waved at every negro she met and
that both whites and blacks looked In
astonishment at a white man out riding
with about the blackest woman in town.
So I rebelled, and my rebellion coat a
new car Adelaide could run. Rebellion
with me is always about that expensive.
"When Adelaide returns from town.
she brings an extra copy of tho evening
paper for her father, and. along about
o'clock, we wander down to the farm
house to discuss the news.
"Usually we find uncle Bruce and
his son Arthur out on the porch wash
ing up for supper; for during these
Summer days they are very busy with
the farm work. (Arthur has been called
"One evening we noted that they had
canned peas and canned strawberries
from the store for supper, and. as fresh
ones were going to waste within 100
yards of the house, I expressed wonder
that they did not use the fresh.
"A question of human rights thsn de
veloped.
"Aunt Fanny says picking peas and
strawberries is work properly belong
ing to men, which proposition Uncle
Bruce admitted; but he mildly said that
he and Arthur had gone to work that
morning at 6 o'clock to put up the hay.
as bad weather was threatening, and I
saw them quit at a quarter to 9 in the
evening. After that late hour they were
compelled to do their chores, which in
cluded milking, feeding the horses and
pigs, and so forth.
"I believe devoutly in human rights
I rejoice as much as anyone that Aunt
Fanny Is able to maintain hers. I have
submitted the question to all the worn
en I have see lately. Including Han
nah, our black woman, and they are all
on Aunt Fannjfs side.
"Still, there is the case of Uncle
Bruce and Arthur, who have had no
fresh peas or strawberries this season.1
THIS MERRY MILLER LAUGHS
NOW, BUT IT WAS NO JOKE THEN
Following Is Story of Two Happy Hikers on a Hunting and Fishing Trip
and How One Caught, Not a Fish, but Bad Cold.
HIS is the story of . how J. L.
iller caught cold.
For be it known that Jim Miller,
of the Oregon-Washington Railroad
and Navigation Company, is something
of a hiker and being given to the
healthful exercise of life in the open
whenever circumstances permit, is not
much given to the annoying minor ail
ments that most mortals sutler, oeorge
H. Miller of the office staff of the
Portland Chamber of Commerce is like
wise something of a hiker and the two
Millers are kindred spirits. Alike in
name they are enough dissimilar in
stature and temperament to be chums.
but when forming new acquaintances
each Is always particular to say be is
not related to the other.
young men left Portland for a hunting,
fishing and hiking trip. They slept In
a convenient spot along the Columbia
River highway that night and breathed
the exhilarating atmosphere of the
mountains, laden with the odor of
pines and the perfume of the motors
that disturbed their dreams.
Saturday morning they breakfasted
early and sought surcease from the
tribulations of the daily grind- by climb
ing the Herman Creek trail. While the
day was still young they reached their
goal at Wahtum Lake. Hera they found
ample reward for the effort. The waters
of the lake were inviting for the bath
and its wealth of flsh awaited the cast
ing of the proper fly. Wbrkmen en
gaged in erecting a log cabin for Boy
Scouts' use next season welcomed, the
Friday pight, September h two .visitors an thejr iad, ft delightful rfsht
at the camp. Wahtum Lake is 27 miles
from Portland.
Choosing another route for the re
turn trip, they found a stream that af
forded trout for Sunday dinner, and
when the sun was dropping low in the
west they hastened th'eir way toward
the city. On the highway a fellow dis
ciple of Izaak Walton who had jour
neyed far by auto picked them up and
gave them a relished joyride for the
last stretch of their trip.
Jim Miller reached his rooms at a
seasonable hour: But he was dusty, a
bit tired, although happy and content,
for the trip had come up to expecta
tions. Besides, the chums had agreed
that they woujd not bore their friends
by telling of the oufing. Incidentally,
they do not approve of the fellows who
hike and then have a story about it put
in the papers. '
It was while enjoying the supreme
satisfaction of all these thoughts and
conclusions that his bath had been pre
pared and he stepped into the half
filled tub to enjoy the ablutions of
happy hiker, and, reaching a com
fortable reclining posture, was trying
to decide whether or not the shoes he
had worn were just hn right sort for
hiking when-
Well, it was along about 2 o'clock
Monday morning when he woke up in
the tub of water that seemed aa cold
as Ice-water, strange to say, as the
result of a splendid hike, Jim Miller
has a cold.
Albertlna Kerr Nursery baby fund. Af
terwards they all enjoyed a chafing
dish supper in the clubroom of the As
sociation building. ,
A small-size Vlctrola Is needed
greatly for use in one of the depart
ments of the association. The loan or
gift of one will be highly appreciated.
Phone your want ads to The Orego
nian, Main 7070, A 6095.
Y. W. C A. Notes.
M1
of
ISS JUSTINA KLAUTZ. LL. D.
Poland, and a graduate of a uni
versity Paris, was in the city for a
few hours yesterday, the guest of the
association. Miss Jane Scott, the exec
utive for the Northwest field, accom
panied her. Dr. Klautz is one ot the
National war workers and wilbe in
Portland later, when she will speak be
fore different clubs of the association
Her work is under the immigration de
partment of the National T. W. C A.
During the past week several good
positions in stenographic and book
keeping work have been filled. Capa
ble stenographers are in demand. High
school girls are asking for employment
after school hours. They wish posi
tions either in house or office work.
The approach of the next draft is
bringing some calls for women to take
men's places in all lines of work. Ap
plicants are registered between 9 and
o'clock, and on Saturday from 9 to
o'clock.
All clubs of the T. W. C. A. extension
division at St. Johns will resume their
regular meetings. The first will be
Monday evening.
The Wah Wah Tay See Campfire and
the S. O. S. girls of tho Couch School
spent Saturday, la selling tags, fox the J today. Main, 65L Adxb
Standers, Walkers.
"Gets-It" for Corns
World Has Never Known Its Equal
"What will set rid of my corn?" "he
answer has been made by millions- there's
only one corn-remover that you can bank
on. that's absolutely certain, that makes any
corn on earth peel right oft like a banana
CoD-Paia b Eased'the Con I Dswmesl t
skin and that's masio "Gets-It." Tight
shoes apd dancing; even when you have a
corn need not disturb you if you apply a
few drops of "Gets-It" on the corn or cal
lus. You want a corn-peeler, not a corn-
fooler. You don't have to fool with corns
you peel them right off with your fingers
by using "Gets-It." Cutting make corns
grow and bleed. Why use Irritating salves
or make a bundle of your toe with tape or
bandages? Why putter and still have the
corn? Use "Gets-It" your corn-pain U over
the corn is a "goner" sure as the sun rises.
"Gets-It." the guaranteed, money-back
con-remover, the only sure way, costs but
a trifle at any drug store. M"f d by K. Law
rence A Co., Chicago, 111. Bold In Portland
and recommended as the world's bast corn
remedy by Owl Drug Co., SI stores on the
Pacific Coast.
THIS IS THE
AGE OF YOUTH
Strands of Gray Hair May Be
Removed.
Strands of gray hair are unattract
ive and very unnecessary and acceler
ate the appearance of approaching ace.
Why not remove all traces of gray In
the hair and possess an even shade of
beautiful dark hair in bounteous quan
tities by the use of "La Creole" lluir
lUresslng? USed by thousands of people
every day everywhere wit h perfect
satisfaction. No one need be annoyed
with gray hair hair streaked with
gray, diseased scalp or dandruff when
offered such a preparation as "La Cre
ole" Hair Dressing. Apply It freely
to scalp and hair, rubbing It In well,
and after a few applications you will
be delightfully surprised with the re
sults. USB
"I.A CREOLE" HAIR DRESSING
for gray or faded hair and retain the
appearance of youth. Used by gentle
men in every walk of life to restore an
even dark color to their gray hair,
beard or mustache.
For sale by The Owl Drug Company's
drug stores and all good drug store
everywhere. Mail orders from out-of-town
customers filled promptly upon
receipt of regular price, $1.20. "La Cre
ole" Hair Dressing is sold on a money
back guarantee Aiy
Directory of Prominent
Life Insurance Agencies
Members of Life Underwriters'
Association of Oregon.
Wm. Goldman. General Manager.
NATIONAL, LIFE OF VKitMONT.
Oregonian Bldg.
H. G. Colton, Manager.
MASSACHUSETTS MUTUAL LIFBL
Chamber of Commerce Bldg.
All New Dances
taught at DeHoney's beautiful academy,
Twenty-third and Washington. See our
advertisement of the opening of our
Fall classes, etc., on page S, section 1,
E. L. Harmon, General Agent,
PENN MUTUAL. LIKE.
Northweatern Bank Bldg.
Horace Mecklem, Manager.
NEW ENGLAND MUTUAL LIFE.
Northwestern Bank Bldg.
H. R. Alboe. General Agent.
NORTHWESTERN MUTUAL LIFE 1N3. CO.
Northwestern Bank Bldg.
T. II. McAllis. Slate Mgr.,
UNION MUTUAL LIFE INS, CO,
Board of Trade Bldg. ,