Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, December 21, 1915, Image 1

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NO. 84
1 ' iLE AT END
rtodlo . 2 Tour-Year-Old Child
Pa t V Her Reluctantly.
I I Evieiw of Case.
n Saturday last Mrs. Mollie Bow-
acting under instructions from
Multnomah juvenile court, came
Dallas and on Sunday took pos-
ion of her four-year-old daugnter,
whom Mr. and Mrs. Milt Grant
had cnstodv for two years, ana
r whom a long legal battle had
a fought in the courts. Lae su-
tia nnnrt of the state had, as stat
iv The CLrver last Friday, hand-
down a decision reversing the
irment of the circuit court for Polk
i ti L; . P
aty, ana aireciing me uuuveij
child to its motlier.
.Tien Mrs. Bowers went to the
nt home to demand the child. Mar-
she was accompanied by Sheriff
, and while Mr. and Mrs. Grant re
antly complied with the highest
una! 's order they saw the useless-
i of attempting further retention
the little one. An ettort will
ever, be made later to secure the
i from the juvenile court, under
se jurisdiction it still remains.
Irs. Bowers was married -when she
14 years old, her baby was born
n she was la years ot age, anu ai
her baby was made a ward of the
;nile court of Multnomah county,
the temporary custody continued
er. At 17, she was also divorced
l her husband, the court in grant
her a divorce, giving her the cus-
' of the ehild as aguiust the fath-
Phe Juvenile court order in Mult-
ah county was made in June,
I. In the fall of 1013, Mrs. Bow
irranged 'with Mr. and Mrs. Grant
are for the child, she agreeing to
for its care. In February of
she demanded possession of the
1, but was refused. In Septem
1914, she made an unsuccessful
mpt to kndnap the child, but was
tratcd. iienry Savery, then
ity sheriff under J. M. Grant, was
mg the car in which she sought
lake her get-away. Proceedings
instituted in the juvenile court
'oik county against the child, and
ti the mother and baby ' reached
Salem bridge they were stopped
ilarion county's sheriff, and Dvp-
Sheriff Savery was instructed to
rn them to Dallas.
le Polk county court held the
;er under advisement, and turned
shild over to Mr. and Mrs. Grant,
nuous objection was made to the
idiction of the local county court,
demand for the possession of the
w s repeatedly made, but with-
av 1. Subsequently, the juve-
c t of Multnomah county made
hi r m the original proceed
i 1 ia that court, and con-
e. e ody of the child in the
it . . e Portland court then as
e.i ( of the matter, and
& 1 i t case. Mr. Tooze, repre
inT t 8 juvenile court of Mult-
mi, ,s instructed to file a ha-
e s petition for Mrs. Bowers.
p n was filed in the circuit
t o. . tk county. In their return
ie v t issued, Mr. and Mrs. Grant
'ort.i that the mother was an un
lsto ...an. and was of loose morals.
also set up the proceedings of
!ounty court of Polk county. An
ine the return. Mrs. Bowers.
ugh her attorney, set forth the
eedings in the Multnomah county
t, and pleaded former adjudica
tion the question of fitness. Up
lie tiinl of the case, the various
peiliniis of the various courts were
itted. Evidence calculated to
e the mother's unfitness to have
en-study of the child was intro
d over objection. Judge Belt
d the best interests of the child
inded that it be left with the
its. m.'rniled the objections to
evidi'ti.e. and dismissed the writ.
Tooze then served notice of ap
to the supreme court, and the
was a ued there on December 1.
its T rision, the supreme court
that t tie disposal of the custody
lis cl id was in the hands of the
nom. i juvenile court, and that
it her court could interfere with
mlers. Tbe decision states the
r"-: "Between courts of eon
igdiction, the eourt first ae-it-dietion
will retain it. and
interfered with by another
is rale is so elementary as
' no further citations of au
wting the legal principle,
ie eourt of Multnomah
i vine first seeured jurisdie
" t ,e subject matter and never
1 sn..sed the proceedings or
1 the trard, the county eourt of
H ty. a tribunal of concurrent
1 ad no authority to intermed
i t he custody of the child, and
attempting to affect such
is void."
,cladine, the decision reads:
1 . and Mrs. Grant wnb, from
t-. -t of the testimony before us,
s- t-1 be in every way worthy.
it a.-.d qualified for the trust.
f - itody of the little girl
v have eared for and kept
a two yean, they must
r to the juvenile eourt of
Multnomah county, which has exclu
sive jurisdiction of the subject mat
ter. The action of the circuit court
in denying the petition, dismissing the
proceedings and awarding the custody
of Marion Bowers to the defendant
is erroneous, and in consequence
thereof the judgment is reversed and
one will be entered here restoring the
liberty of the ward and surrendering
her to the petitioner, Mollie Bowers,
until the further order of the juvenile
court of Multnomah county in the
The fight was made to establish for
all time the extent of the jurisdiction
of the juvenile court of Multnomah
county. That court has thousands of
juvenile cases, and must of necessity
send the children outside the county,
in order to provide homes for them.
If when they sent children to other
counties, the jurisdiction exercised
would be lost to that court, serious
complications would arise. It was not
this particular case it was lighting to
win, but it was to establish a pre
cedent. It was a matter of vital con
cern to the policy and proceeding of
that particular court which handles
more dependent and delinquent cases
than all the courts of the state com
Arrested for Misappropriating Funds
in Southern Illinois Town Be
fore Coming West.
Mrs. Justina Kildee Alleges Mal
treatment at Hands of Husband.
Because of his alleged drunkenness
and the maltreatment she bore from
him, including lashes and abuse, Jus
tina M. Kildee has filed a prayei for
divorce from her husband, Edward A.
Kildee. Mrs. Kildee is teaching-school
at Buena Vista to support herself
and two minor children since she and
her husband were forced to live apart
August 1914. The couple were mar
ried June 27. 19U1 in Hanna church,
Grand Traverse county, Michigan, nnd
their first child, William Kussell Kil
dee, was born a year later. The oth
er child, Ambrose Vincent Kildtw, is
six years old. In her complaint Mrs.
Kildee alleges that her husband ap
peared at Buena Vista last week with
the avowed intention ot taking tnc
children from her. Mr. Kildee is
said to own a homestead of 320 acres
in Lake county, which he took up
soon alter the family came to Oregon
in June, 1913. In addition to the
custody of the children Mrs. Kildee
asks her undivided third interest in
all property owned by the defendant.
Oscar Hayter is handling the case for
Mrs. Kildee.
Three Hundred Thousand Letters to
Boost Oregon.
A letter writing campaign that is
expected to result in sending out
3,000,000 letters to residents of other
states will be undertaken during Jan
uary through the aid and direction
of the publicity and convention bur
eau of the Chamber of Commerce of
Portland. Three weeks next month
will be set apart for the campaign.
Every resident of Oregon will be urg
ed to write at least ten letters to as
many persons in other states, telling
of the resources and opportunities
here for investment, for developing
the agricultural and industrial possi
bilities and tor making a home in
some part of the state. Each business
man will be urged to make ou the
minimum number of letters sent out
Commercial bodies and educational in
stitutions and their officials will be
interested in the letter-writing cam
Mother of Mrs. Ella Metzger Passes
at McMinnville.
Mrs. M. J. Hoberg, wife of the Rev.
Joseph Hoherg of McMinnville. and
mother of Mrs. Ella Metzger of this
citv, passed away at the family resi
dence Saturday morning, aged 85
years. Mr. and Mrs. Hoberg cele
brated their 60th wedding anniver-
sarv last October at McMinnville and
were the recipients of the best wish
es of friends and relatives trora all
parts of the state. The Rev. Hoberg
was one of the early Methodist
preachers of this state, but since re
nin? trom the ministry has made
his home at McMinnville. In her be
reavement Mrs. Metzger, who is pres
ident of the Dallas Woman s club,
will have the sympathy of a host of
friends here and elsewhere.
Several Independence Growen Dis
pose of Their 1915 Hops.
Hops have been moving in the Inde
pendence district within the last ten
days, several 1915 crops having been
sold, according to The Monitor. Walk
er Bros, let go last week, W. W. Per-
eival with 687 bales. Cook Bros, witn
93, Porterfield & Sons with 112, and
Conrad Krebs with 180 gold at prices
of ten cents and over.
Applies For Admission.
Joseph A. Braden, on Saturday
last, made application for admission
to tbe ooldiers Home at noscburg.
and provided .accommodations are
available at the time of his entry, his
good wife will accompany her hus
band thither, sir. Braden enlisted
in New York in 1861 and was dis
charged late in 1863. He was with
McClelland in the Pensinula cam
The proprietors of the Guthrie
dairy lost a perfectly good and brand
new manager when Sheriff Quine of
Douglas county came to Dallas on
Friday and arrested L. S. Bangs, who
sullied that position with bis occu
pancy. Bangs, who has been in Dal
las only a short time, came here from
Roseburg, and is wanted by the au
thorities of Cairo, 111., his home town,
for misappropriation of funds. His
misappropriations are alleged to have
been made while he was in Dusiness
in Cairo, and amounted to several
thousand dollars. When ne louna
that his dishonesty forced him to flee
from Illinois, Bangs came west to
Roseburg, where lives a young lady
of whom he is very fond. Sheriff
Quine got information of the crime
committed and the man wantea, anu
when he recognized Bangs as the man
that character had disappeared. That
was about two months ago, and only
a few days since did the sheriff learn
that Bangs had come to Dallas.
When Sheriff Orr appeared at the
office on Friday morning Sheriff Quine
was awaiting him. With the assist
ance of Sheriff Orr Bangs was located
at the Guthrie dairy. The fact that
Bangs was near Dallas was discovered
through correspondence tuat lie naa
exchanged with persons in Illinois,
where Sheriff Quine has a daughter
and son-in-law. Fearing that Bang's
sweetheart in Roseburg would spoil
his plans, Sheriff Quine hurried to
Dallas before she could advise the
culprit of his danger. On Friday
afternoon the sheriff and his prisoner
started back to Roseburg, where
Bangs will be held for eastern officers,
In the meantime the sheriff of Doug
las county will enjoy a little reward
money, and the Guthrie dairy will cast
about tor a new and honest manager.
Prisoner Blames Wife.
That his wife's extravagant .lotions
far exceeded his income and were re
sponsible for the financial difficulties
which resulted in his arrest, was the
statement made at Roseburg by -Hen
E Bangs, former deputy sheriff at
Cairo, 111., and tor many years a
trusted employe of the McClure Man
ufacturing company of that city,
Bangs is being held there on a war
rant charging embezzlement from the
latter company. Although the sher
iff at Cairo asserts that Bangs' snort
age is between $4,000 and $5,000, the
prisoner says he does not believe it
will exceed $1,000. In a statement
made to Sheriff Quine, Bangs said last
April he found himself confronted
with many bills contracted by his
wife and used funds belonging to his
When it became apparent that his
shortage would be discovered, Bangs
said, he left Cairo and came to Ore
gon. He passed part of August in
Roseburg and while there attempted
to form a partnership with W. M.
Moore, formerly a liveryman. Mr.
Moore's daughter wrote a letter to
Cairo residents in hope of ascertain
ing Bangs' reputation in that city.
This letter fell into the hands of
Sheriff Burke of Cairo and Sheriff
Quine of Roseburg was notified to
arrest the fugitive.
Bangs admitted that he was the
man wanted by the Cairo officers and
says he will return there without ex
tradition papers. Bangs is about 35
years of age and is a lavish dresser.
He says he has numerous relatives in
the east and does not fear to return
to .Cairo for trial. He also says he is
estranged from his wife, who now
lives in New York City.
Benton County Town Easily Defeated
at Armory Saturday Night, the
Score Being 31 to 18.
Hop Association Members Still Hold
ing for 15 Cents.
The outstanding unsold Oregon hop
crop will bring into the state $1,000,
000 if the plans of the Oregon Hop
i rowers' association, as developed
Saturday, work out to the satisfaction
of more than 700 members. In var
ious hop-growing sections meetings
were held Friday and Saturday, and
at which practically all the members
gned an agreement to extend all
contracts till May 1, 1916, holding un
til such time as 15 cents a pound can
be realized. All present contracts
were made to December 31, 1915.
Those unable to hold were assured
that the association would buy their
hops at the prevailing price. Presi
dent Jonee declined to talk of the sit
uation and Secretary Clark is reticent
about giving out at this time, an es
timate in figures of the Uregon crop
now on hand, or the part of tbe crop
which the association might take over
and hold on ite own account.
Although the Dallas team labored
under a heavy handicap in the first
half of its basketball game with the
Phi Delta bigma fraternity ot Cor
vallis on the local floor Saturday even
ing the home team won by the de
cisive score of 31 to 18, with playing
honors going to every member ot the
team. The handicap was in having
an altogether worthless referee, a last
minute substitution, who was relieved
in the second half by "Pebo" Shaw.
The playing in the first half, perhaps
because of the referee, was not spec
tacular or even exciting except in its
roughness. Dallas did have more of
an edge on the playing that the first
period score of 10 to 9 in their fa
vor would indicate. In the second
half the boys came onto the. floor
vigorously, and had little trouble in
showing the 0. A. C. 'varsity players
the proper way to handle a basket
ball. The local team lost the basket in the
mixup several times, and had that not
been the case the visitors would have
even a greater burden of defeat to
carry than the score that ended the
game. The Dallas boys had many op
portunities to score that were unsuc
cessfully attempted. The visitors con
verted most ot the chances they had
except the free throws and thene they
could not make good.
As the first game of the season the
contest Saturday night was very good,
at least when the game got a new
start in the second half, and without
an exception the men who appeared
on the floor for Dallas played real
basketball. Blagg and Mix, two reg
ular 'varsity players on the Phi Del
ta Sigma squad, did more than their
share of the playing for the visiting
team, although at least two ot the
other men did much valuable work.
The Dallas team consisted of Boyd
ston and Ballantyne, forwards;
"Skeet" Haves, eenter; Lynn Ma-
theny and Uda Burke, guards.
held here for the school teachers of
the county there were only seventeen
to appear for the tests this year.
These teachers took examinations on
a great many subjects, some of them
remaining throughout the three days
set for the tests, to complete their
work. The results have not yet been
determined as the papers must be
graded in the state superintendent s
office at Salem. Upon the grades made
in these tests depend the position
of some teachers and the future of
more than one hangs by the results
attained. The tests were completed
on Saturday.
Member of Committee Appointed to
Arrange National Convention.
Ralph E. Williams, republican na
tional committeeman from Oregon,
has been honored by the committee at
its meeting in Washington, D. C,
when he was selected by it as one of
the special committee to arrange the
national party convention in Chicago,
June 7. This committee has a great
deal of detail work to do in making
ready for the big gathering which is
to nominate candidates for the presi
dency and vice-presidency of the Uni
ted States. Ite personnel is usually
made up of older committeemen. Mr.
Williams is one or tne ota memoers
now, since he went into the national
party council in 1904.
Charles D. Hilles of New York, by
virtue of being chairman of the na
tional committee, is ex-officio chair
man of the convention arrangement
committee. Mr. Williams' associates
on the committee are Frank Murphy,
ex-governor of New Jersey; E. C.
Uuncan 01 JN ortn Carolina ; x reaencn
W. Estabrook of New Hampshire;
Frederick Stanley of Kansas; Charles
B. Warren of Michigan; Alvah H.
Martin of Virginia; James P. Good
rick of Indiana, and John T. Adams
of Iowa.
Father Teck Transferred.
Rev. Father Teck of tbe local Cath
olic church has been transferred to
Vancouver. B. C and he is succeeded
by Rev. Father Forget, formerly of
Newport, f ather fonret will be in
charge both here and at Independence
and will nave nis residence at toe
latter place.
Window Display Arranged By Hugh
Black is Rewarded by Judges.
Hnerh G. Black has received a cash
nrize of five dollars as a result of wia-
dow display contest in which he par
ticipated in competition with mer
chants throughout Oregon, Washing
ton and Idaho. The contest, conduct
ed by the makers of Golden West
coffee, was confined to window dis
nlavs: the best being rewarded. Mr.
Black's window, admitted to be one
of the best in the contest, was a work
of art as well as one that required
considerable ability by the window
dresser. The business managers of
the Oregonian and the Journal and
Merrill Seed of the Reed advertising
atrency were judges of the contest and
their award to Mr. Black is a tribute
to that enterprising merchant. That
not even the large metropolitan stores
could excell the local grocer is sig
nificant. Girls Are Industrious.
With domestic science and domes
tic art being taught to 7194 girls in
Oregon public schools, Superintendent
of Public Instruction Churchill says
that apparently the majority of the
young women intended to become
housekeepers. Domestic science cours
es are now offered in 69 standard high
schools and in 73 domestic art is
Teachers' Examinations Over.
In contrast with previous years
when the average attendance of ap
proximately forty was maintained, at
tbe annual teachers' examinations
Council Plans Provisions to That End
Last Night.
The Dallas volunteer fire depart
ment will be increased in membership
from twenty to twenty-nve.men as a
result or the findings of the tire and
water committee of the city council
and the instructions issued to the or
dinance committee last evening to
bring in an ordinance amending the
one now in force. The department
will also be allowed to select two new
locations for its hose carts. This mat
ter was referred to the fire and water
committee some time ago. The or
dinance authorizing a $5 increase in
the salary of the city marshal passed
its first reading, and a resolution,
authorizing the city auditor to pur
chase 300-feet of hose for street
cleaning purposes, was passed. Two
ordinances on the same subject pass
ed first readings, one prepared by
Mayor Kirkpatnck and City Attorney
Coad, and the other by Oscar Hayter
as attorney for R. L. Chapman. These
ordinances grant permission to R. L.
Chapman to build a drain tile into the
Jstreet from his basement on Oak
street. Ihe ordinance prepared bv
the mayor and city attorney was not
just what Mr. Chapman; had in mind.
and it is probable that the ordinance
prepared by Mr. Hayter will be the
one to pass the second reading at the
next meeting.
Mayor Kirkpatnck appointed i
committee to investigate the expendi
ture by the band of the monthly ap
propriation granted it by the citv.
The committee, consisting of John
Sweeney, chairman; Riley Craven and
Carl Williams, will see that the mon
ey is properly and judiciously ex
pended. Other business transacted at
the meeting was of a routine nature
and included the allowance of a few
unimportant bills. . ,
Children Associated With Various
Dallas Denominations Will Join
in the Festivities. ,
Rural Carrier Has Served Twelve
Years on Local Routes.-
On Wednesday Milt. Grant cele-
'brated the twelfth anniversary of
the beginning of his service as a rural
mail carrier, working out of the Dal
las office. Mr. Grant took up his du
ties on the rural routes just twelve
years ago, and at that time rode
horseback to deliver the few letters
that he carried in his pockets. And
with the passing of the twelfth year
Mr. Grant, who still does his duty
as a rural carrier, ruminated on the
time that were and the times that are.
From a long route traveled on horse
back with perhaps a dozen or two
dozen letters the years bave brought
almost as long a route, but with it
a team and an enclosed cart in which
Mr. Grant daily carries hundreds of
letters and hundreds or packages,
weighing a great many pounds. In
the earlier day letters were all that
could be transported through the mail
but today the rural carrier has his
wagon loaded with everything from
a simple postal to a sack of potatoes,
a bundle of ax-haudles. or several
hundred two-pound catalogs from a
mail order house. It takes Mr. Grant
many hours longer to cover his terri
tory than it did in the beginning, and
the great population of the districts
through which his route passes ii nn
increase of many hundreds of people
over those that formerly lived along
the crude county roads.
Every Freight and Express Car Brings
Liquid Kerresnment.
To determine that Dallas citizens,
those whose "eye-opener" or "appe
tizer" is a pleasure they will not de
ny themselves, are assiduously pre
paring for the "new year, the dry
year, one must only observe the un
loading or any express or ireight car
that comes into the local depot during
the days before the dawn of the
Tirieht, dry new year. Since last
Monday morning there have been re
ceived in Dallas 36 barrels of the
cheery amber fluid, not to mention 6
kegs, z barrels and cases or whis
ky, in addition to countless wines and
other liquors that have been carried
or shipped into the city. But the
above are those only that have been
shipped to various Dallas folks who
enjoy a "wee nip" with their lunch,
or at any other time. Dallas people
have been enjoying "dry" conditions
for nearly a year, and they evidently
do not intend that the new year shall
be old before, in their homes at least,
are temporary eases in the heart of
a bone-dry state.
Funeral of Mr. Madison.
D. A. Madison, who died at his
home in Independence Thursday, was
buried Saturday afternoon, the funer
al services being held under the ana
piees of Salem lodge of Elks.
The several churches of the city
have arranged for Christinas exercis
es for the present week, the young
people of the different societies hav
ing m most cases prepared elaborate
programs for the occasion.
Evangelical Church.
The program of the Christmas ser
vice to be given by the United Evan
gelical Sunday school on Thursday
vening, December' 23, is as follows :
Voluntary; "Awakening Chorus;"
scripture reading, Superintendent H.
H. Dunkleberger and school; prayer,
by the pastor; music by the orches
tra; class exercise, "The Olden
Story," by six boys and six girls;
recitation, "Christmas in Poland," by
Arthur Winters; primary class ex
ercise, by Miss Eugenie Phillips'
class; song, "The Prince of Bethle
hem," by primary and infant classh
es ; recitation by Huber Phillips ; mu
sic by the orchestra; recitation, "The
Brown Sparrow's Christmas" by Ed
na Lard; duet, Janet launer and
Dorothy Erskins ; exercise, ' ' Mechani
cal Toys," by eleven boys; recitation
by Lucia Card ; comet solo by B. U
Downey; pantomime, ''Abide With
Me," by Miss Cora Rossiter's class;
pantomime, "The Virgin Mary and
the Child Jesus," by Mrs. Chester
Siefarth, Evelyn Siefarth and Mrs.
H. H. Dunkleberger; address by the
pastor; chorus, "The King of All
Kings;" distribution of candy and
presents; benediction.
Presbyterian Church.
The Christmas service at the Pres
byterian church will be held on Thurs
day evening for the children of the
Sunday school and will be in the form
of a cantata in two acts. In the firt
Mrs. Santa Claus will reign and the
girls and boys of the various classes
will appear as dolls. As planned, the
cantata is to be a very delightful en
tertainment and the tots are working
diligently to perfect their work. Lu
cile Ellsworth will be Mrs. Santa
Claus and Harris Ellsworth will be
Santa Claus. There is to be a great
Christmas tree with a nice remem
brance for all the children.
Baptist Church.
The Rev. W. T. Tapscott has an
nounced a program and a Christmas
tree for Friday evening at the Bap
tist church. Mrs. Jackman and Mrs.
Forrette are drilling the children of
the Sunday school in the program
they are to present. The prescribed
program for the entertainment failed
to arrive in time for drill work and
the program as presented will be the
more interesting because of its varie
ty. There is to be a Christmas tree
for the young men and ladies, and.
withal, the Christmas day is to be a
memorable one to those who are affil
iated with the organizations of the
Baptist church.
Methodist Church.
A most interesting program is be
ing prepared for presentation on Fri
day by the Sunday school children rf
the Metbodist church. Ihe cxeriises
will be entirely by the children, ad
the program is one that will reveal
many clever juvenile talents. A
Christmas tree will be the most in
teresting to the children and the llev.
George H. Bennett and assistants
have a present to give Santa Cans
for every ehild in the classes.
Christian Church.
Friday afternoon will be a gal t oc
casion for the Sunday school children
at the Christian church, where the
primary department is to present a
most interesting program. Thursday
evening there will be a Christmas sei
vice, but the children will ilnd things
just as Christmas should be at the
rnday afternoon service. Hugh
Black, superintendent of the Sunday
school, with a corps of assistants, is
preparing the program.
Vacation Begins Friday.
The students of the Dallas grade
and high scsools will be dismissed rn
Friday evening, December 24, for
their annual Christmas and New 1 ear
vacation. Classes will resume work
on the first Monday in January. So
far this year the city school work has
gone along with unusual smoothness
and a great deal of valuable effort
has been applied by the pupils. That
they will return with vigor and en
thusiasm renewed after a brief re
spite from their studies is assured.
Most of the teachers will make the
holiday season an occasion for visits
to their homes in various parts of the
Fails to Materialize.
Albert Gillett. who was to have ap
peared in concert at the high school .
auditorium on Friday evening, failed . '
to appear, and after a meager andi-
enoe had waited half an hour over
time, Professor Ford announced that ,
the baritone from tbe University of
Oregon Glee club had disappeared in
thin air. The last word received here
regarding the singer wan that lie '
would arrive on the five-thirty train. ,
The audience to greet Mr. Gillett was '