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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
A VOIDABLE JUDGMENT.

A voidable judgment, however, is an
erroneous judgment; it is one in which
an error has been committed by the
court in determining some question
properly before il. Such a judgment
may be subsequently set aside upon
motion. or reversed upon appeal But IL
no appeal therefrom is taken or no mo-
ton made il becomes in all respects a
valid judgment. and as good to all in
tents and purposes as If ii were free
from error.
The right TO assan the decree in
question. either upon motion for new
trial or upon appeal. is gone: therefore
e the decree is void the parties herein
are still husband and wife; IL it is sim
ply erroneous, il is now valid. and the
marital relation no longer exists be-
tween them.
The purpose of the act in question
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
LADIES WHITE PErrrcoAr-

Made of soft Dleached muslin. trim
med with an 1S-inch hounce. with 5
rows of thread lace insertion; fin
ished with narrow ruffle. with tucks
ard lace. Manufacturer price SIS
a dozen, stock reducing price. .S5e
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
LADIES' GOWN

Made Of LonsdaIe muslin: square
yoke. with three rows Of hemstitched
tucks; neck and sleeves trimmed
with lawn ruff1es Wholesale price
So per dozen. our stock reducing
price ............ .35c
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
: e: 2>''r7,S5lA lephanf on Our Hands
here Is A CHANCE WHERE you
CAN SAVE ON LADIES' KNIT
TED UHDERWEAR-

HERE Is A CHANCE WHERE you
CAN SAVE ON LADIES' KNIT
TED UNDERWEAR
If you are not in need OF them now
it will pay you 70 anticipate your
wants. We are not the gamer in
profits. II will be yours. We must
reduce our stock.
Made Of Vega silk; low neck and no
sleeves; lace yoke; swiss ribbed; in
pink. blue. lavender and white. In
stead Of soc, Monday and Tuesday
..........-.-...... 3s}c
LADIES' VESTS
Low neck and no sleeves made OF
summer weight English thread
fancy Richelieu ribbed; in white
only. Price ................s'A Hc
LADIES' PANTS
Made Of double thread English Isle.
jersey knit: umbrella shape lace
trimmed French bands: buttoned on
the sides; easily washed: no ironing
or starching needed, women who
have used them speak Of them with
highest praise. Price ........ soc
LADIES' VESTS
Low neck and no sleeves. has deep
hand-crocheted yoke. swiss ribbed
made OF Xxx Italian silk; in pink.
blue and white. Instead OF 81 90
Mondays and Tuesdays price. I0c
LADIES VESTS
High neck and long sleeves; made OF
the best Vega silk; swiss ribbed;
pink. blue and cream Price. - 90
LADIES TIGHTS
Made Of Xxx Vega silk. jersey fitting
tops: ankle length; swiss ribbed, kid
fitting kind; pink, blue. black. and
white. Price .....-...-...-.S lsOO
TO THOSE WHO WEAR THE SAME
WEIGHT UEDERGARMENTS ALL
THE YEAR ABOUND.
Here are some that came our way
underpriced. OF course our patrons
will share our luck.
LADIES COMBINATION SUITS
The celebrated Mentor make, high
neck and long sleeves; ankle length;
buttOned down the front; made OF
Egyptian yarn fleece lined; medium
weight: in gray or ecru. Now OOc
HERE ARE SOME DEEP LACE
CAPE COLLARS FOE you. d.
RECT FROM PARIS
Made Of Point de Venise lace; in the
rose. wheel and dot designs; in Ara
bian or white. Only 70 be had at
the Price Cutters for 81 90
LADIES' coLLAE AND CUFF
SETS
Made Of scrim; fancy stitched; in
Bulgarian cOlOTs. Price
NEUTRALITY-SUSPICIOUS.. Per set Zoe
ONE-HOUR SALE.
~ ~ Between the hours Of
~ ~ TEN and ELEVEN.
4 ~ MALIHE on ILLUSION.
French make, double
" al width, aI1-silk, high lus-
W. ~ ter, for millinery or
~ neckwear. In black and
white. Note the hour.
NEUTRALITY-SUSPICIOUS. A yard %.
ARE you IN NEED OF A WHITE
OUTING OR SUMNER SKIRT
Here is one for One-third less than
has ever been quoted Made of i'm
ported white piQue; seven gOred, 1ull
fare effect; trimmed with three rows
OF bias tailOr-stitched bands around
the fiounCe: tailOr-stitched bands
down the sides. You cannot buy the
material for the price we ask for
these ................-.. Doe
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
LADIES, GOWN

Made of soft bIeached muslin: Lii
liam yoke; trimmed with 8 rows of
tucks and two rows Of embroidery
insertion; neck and sleeves finished
with ruff1e. Instead Of s5c, our re-
ducing stock price. soc
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
DECREE Is VOID.

such being the policy Of the law
it seems to me that the decree in ques-
ton was void. To hold that it was
merely voidable is TO defeat the pur-
pose and intent OF the act and to de-
termine that either of the divorced
spouses could marry again upon the
expiration of the period of six months
from the date of the entry of the in
terlocutory decree; for, if the offending
party should elect not to move for
new trial or appeal from the decree
within such statutory period, then the
decree, if voidable only, became final,
and thereafter either of the spouses
could marry again before the expira-
ton Of the year, the statutory provision
10 the contrary Notwithstanding.
some authorities hold that the judg-
ment of a court of general jurisdiction
is rot void unless the fatal infirmity
appear upon its face. Tested by this
rule the decree herein is void because
it's recitals show that the action was
tried on the ODD of June, 1908. and the
decree made and entered eight days
thereafter.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

was undoubtedly to discourage divorces
lit was designed to protect and con-
serve the marital relation and TO forbid
an absolute decree of divorce until at
least one year after the entry of the
introductory decree.
The State is concerned in the main
tenance Of the marital relation and is
vitality interested in divorce proceed
ings, hence the Legislature may deter
mine not only the conditions upon
which marriages may be entered upon,
but also the conditions upon which such
marriages may be dissolved.
The rule Of public policy relating to
marriage is TO foster and protect ii, and
to prevent separations and Illicit I'M
ions hence actions for divorce are
hedged about with provisions and stat
utory regulations peculiar only to such
litigation.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
SUPREME COURT DECIDES.

1t seems that after the adoption of
the act in question some of the Judges
Of the Superior Court Of this county
and Of other counties. regarding the act
as unconstitutional, did not follow its
provisions. and when a cause Of action
v as established they granted the inno-
cent party an absolute instead Of an in
terlOcutory decree of divorce. Suisse
quently. in October, 1903. the Supreme
Court decided that the act in question
was valid and constitutional. After that
decision a motion for a new trial was
made herein by the plaintiff, but the
motion was subsequently dismissed. On
the last day Of the six months allowed
for an appeal from the said decree
plaintiff appealed therefrom. but fail
ing TO prosecute her appeal it was dis
missed. The plaintiff now moves the
court 70 set aside and vacate the en-
tire decree.
The question thus presented is. is
the decree in question void or voidable?
This question is as important as il is
difficult Of determination. The import
ance Of the distinction rests in the fact
that if the deere is void ii is a nullity.
A void judgment is of no legal effect
il determines nothing and binds no one;
il can neither impair nor create a right,
nor need il be assailed, either by mo-
ton or upon appeal. Whenever it is
invoked against a party he may i'm
peach il and show its WOrthlessness.
As one writer has expressed it, 1T is a
dead limb upon the judicial tree
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
WE FIND WE ARE ovERsroCKED
IN LADIES' MUSLIN UNDER-

Low prices we know will make them
go. And here we will quote few
Of the many We place on our bar
gain counter:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
UNLESS YOU REFUSE TO HAVE A
PERFECT FORM

You Will Find It In
TIE VAN oRDEN La GRECoUE
CORSET
Made entirely different from any
other. double boning. Made Of i'm
ported batiste. with dainty lattice
ribbon. lace trimmed. made in ten
different shapes TO mt all forms from
the slender school girl to the fully
developed woman. Price. 8 80
LADIES DRAWERS
Made of Honor Bright muslin trim
med with deep hemped flounce;
literally made; umbrella shape
Manufacturer price 81 IS per doz-
Crown SKIRT PROTECTOR OR
BRUSH BRAID.
Made of steam-shrunk yarn The
good wearing kind. In brown, blue,
gray and black. Price. A yard Sc
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

Made Of Xxx Vega silk. jersey fttin
tops; ankle length; swiss ribbed; XII
fitting kind; pink, blue. black an
white. Price .........-.... = i DO
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
LADIES VESTS
LADIES, TIaHTs=

High neck and long sleeves. made o
the best Vega silk; swiss ribbed
pink. blue and cream. Price. - 4 .Ot
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

'fraught with serious consequences. =
but 1T is the duty OF the court to en-
force it"
THE OPINION.
The opinion in full follows:
on the second day of March. 1903.
the Legislature adopted an act pro-
viding that in actions Of divorce. If
divorce is denied, final judgment must
thereupon be entered; but if the court
determines that cause is shown for a
divorce then an interlocutory decree
must be entered. declaring that the in
nocent party is entitled to such a di-
Vorcc. From such interlocutory de-
cree an appeal may be taken within
six months after its entry. Upon the
expiration OF one year after such en-
Try, If no appeal is taken therefrom or
no motion for new trial made, the
court may ENTER final judgment,
granting a divorce; and such final
judgment shall restore the parties to
the status OF single persons and permit
either party to marry after entry
thereof" In the event OF an appeal
from the Judgment or motion for new
trial the judgment cannot be entered
----N-- AAAN AAADAiOlA VI appear mas DCtu
finally determined-and not then if the
motion is granted or the judgment re-
Versed.
The act further provided that the
death Of either party after the entry
Of the introductory decree and before
the final decree should not affect the
courts power to enter final judgment
thereon; but such entry shall not vail
date any marriage contracted by either
party before the entry Of such final
judgment, nor constitute any defense
Of any criminal. prosecution made
against either
Subsequent TO the adoption of this
act the plaintiff commenced this action
against her husband to obtain a di-
divorce. for the custody Of the children
Of the marriage and for a division of
the community property. The defend
ant in due time answered, the cause
was tried and on the 1st day of July,
1903 the court granted the plaintiff an
absolute decree Of divorce.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

Full double width; all silk; French
make; in pink. blue, cream, white,
cardinal. lavender and black At the
Price Cutters 121zc
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
TO THOSE WHO WEAR THE sAs
WEIGHT UFDERGARMENTS A,
THE YEAR AROUND.

Here are some that came our way
underpriced. OF course our patrons
will share our luck.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
LADIES, COMBINATION SUITS

The celebrated Mentor make. high
neck and long sleeves; ankle length
buttoned down the front, made Of
Egyptian yarn, fleece lined; medium
weight. in gray or ecru. Now. OOC
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
THE GENUINE C. q. A La SPIRIrE
CORSET
Why Not Get One of These for 81 90.

Made of imported sateen, Princess
hip, double side steels. lace trimmed:
made with extra inside tape to keep
from stretching; long over the alb
domen; for medium and stout fig
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
Ladies', YEsTS-

Low neck and no sleeves: has a deep
made OF Xxx Italian silk, in pink.
blue and white. Instead Of 81 90.
Mondays and Tuesdays price Toe
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
TO START WITH MoNDAY
2oc MALINE OR ILLUSION FOE

There IS no telling what there viii
be left after midday Price will
play the mischief.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
LADIES' VESTS

Made Of Vega silk; low neck and no
sleeves: lace yoke; swiss ribbed; in
pink. blue lavender and white. In
stead Of soc, Monday and Tuesday
NEUTRALITY-SUSPICIOUS.. 3.Bc
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
LADIES PANTS

Made Of double thread English isle
jersey knit. umbrella shape. lace
trimmed, French bands; buttoned on
the sides: easily washed. no irOniuE
or starching needed. women who
have used them speak Of them with
highest praise. Price ....... soc
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

"fraught with serious consequences, ''
but 1T is the duty OF the court to en-
force IL -"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

THE PRICE cUFTER's PoR VEIL
INGS-
Especially now at these low prices.
THE AUTO VEIL
"a inches long; made Of extra fine
silk chiffon; finished with hem
stitched border of satin ribbon: in
q black, navy, brown, royal. white and
champagne Instead of 81 90. at
the Price Cutters .GOc
TO START WITH MONDAY
There is no telling what there will
be left after midday. Price will
play the mischief.
2oc MALINE OR ILLUSION FOR
Full double width all silk: French
make; in pink. blue. cream, white
cardinal. lavender and black At the
Price cutters .121zc
WE FIND WE ARE ovERsroCKED
IN LADIES' MUSLIN UNDER-
WEAR
Low prices we know will make them
go. And here we will quote a few
of the many we place on our bar
gain counter:
LADIES' GOWN
Made of soft bleached muslin; Lii
liam yoke; trimmed with rows of
tuckS and two rows Of embroidery
insertion; neck and sleeves finished
with ruffe. Instead Of s5c, our re-
ducing stock price. soc
LADIES' GOWN
Made Of LOnsdale muslin: square
yoke. with three rows Of hemstitched
tucks; neck and sleeves trimmed
with lawn ruff1es Wholesale price
So per dozen, our stock reducing
price $500 DOC
LADIES' WRITE PETTICOAT-
Made Of soft DIeached muslin trim
med with an 1S-inch hounce. with
rows of thread lace insertion; fin
ished with narrow ruffle. with tucks
and lace. Manufacturer price SIS
a dozen, stock reducing price. .S5e
TO THOSE WHO WEAR BOUND
GARTERS.
Here's one made of fancy frilled
Isle elastic, metal buckles, large
ribbon bows. In pink. black and blue.
rice .-...-.. SOC
ALLOVER LACE AND NET
In Cluny, Point de Gene. also Valen-
ciennes; all is inches wide. In tu-
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

The quality we warrant. The new
Empire shape. Made of satin. rib
bon tape. Boned with aluminoid
boning. which is rust proof and I'M
breakable. In pink, blue, black and
white. Price ..........3 BIC
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28

If you are not in need OF them now
it Will pay you 70 anticipate your
wants. We are not the gamer IN
profits II will be yours. We must
reduce our stock:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-28
LADIES' VESTS

Low neck and no sleeves; made OF
summer weight English thread,
fancy Richelieu ribbed; in white
only. Price ................s.A Hc
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-06-07
Billings Machinery and General Iron
Works.

Works.
For machine, iron, boiler and general
repairs call on us. All kinds of agri-
cultural machinery repaired. Save
money by good repairing. Repairing
of bicycles, guns and all kinds of
fine mechanical work a specially. All
work done in first-class mechanical
manner. 103-11
BEHRENDT BROS, "a N. 29th St..
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-06-07
PvT4IANs ELECT OFFICERS.

New Board Is Chosen by Rathbone
n Lodge.
Last Friday evening the regular
election of Rathbone lodge, knights
of Pythias, took place and resulted
as follows:
Chancellor commander, G. F. Burla.
Vice chancellor, w. j. Stoddard.
Prelate, F. H. Hathhorn.
Master of work, l.. H. Stoddard.
Master at arms, c. H. Newman.
Master of finance, A. P. Hart.
Master of exchequer, H. H. Hill.
Keeper of records and seal, S. w
Soule.
Rathbone lodge is in an exception
ally prosperous and thriving condi-
ton and it's membership is rapidly
augmenting At about every session
candidates for Pythian honors are
given ranks.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-06-07
SUNDAY SCHOOL MEETING.
County Convention Of State Associs
ton Meets Here Monday.

County Convention Of State Associa.
tion Meets Here Monday.
Next Monday, June 13, the Yellow
stone county convention OF the Mon
tana Sunday School association will
meet in the Baptist church in this
city. Delegates from the different
Sunday schools in the county are ex-
pected to be in attendance. Among
the more prominent ones to take part
in the proceedings will be the ReveE
end w. G. Merritt, general secretary
of the state of Washington, who has
appointments to address the different
county assemblies of Montana. Fol-
lowing us the programme as now ar
ranged:
Morning..
1O:OO-Prayer and praise, the Rev.
erend Joseph Pope, Laurel.
1O::O-Organizat
10: 4O--Address what Are Some
of the Advantages of Co-Organiza-
tion?" the Reverend w. c. Merritt,
general secretary, Washington.
Afternoon.
2:0O-Prayer and praise, Mrs. W..
NJ. Bell Billings.
2:3O-Primary Department. Pri-
mary Glass, Mrs. E. o. Railsback,
Billings; "How to Conduct Opening
and Closing Exercises Miss Cogs-
we'll, Billings; discussion, led by Mrs.
w. A. Kemp. Billings.
4:00-Address, Teacher Training,
the Reverend w. c. Merritt.
Evening.
7:3O.Prayer and praise, the Rev.
erend C. H. Frady, Billings.
S:OO-"Child Life in Persia" Mrs.
Schermerhorn, Billings.
S:3O-"Soul Winning and Soul
Building" the Reverend w. c. Mer-
rit.
The state convention will be held
at Bozeman June IA, Is and 16, the
opening day coming Immediately at
ter the local convention.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-06-07
SECOND CASE DEVELOPS.
stranges Arrives in City Affected
with Cmallnox,

stranges Arrives in City Affected
with Smallpox.
Doctor Holland, inferno at the isc-
lation hospital, now has two patients
was admitted to that institution yes
terday morning. The first was taken
in several weeks ago and probably
will soon be in fit condition to be
discharged.
Fred Ellison is the name of the Sec
ond patient, and like the one preced-
ing him is stranger in the city.
He arrived from Leadville, Colo, and
spoke to man whom he met at the
depot, saying he was sick. The man
evidently was familiar with the ma
ture of Ellison's ailment, as he
promptly told him he had smallpox
and advised him to place himself in
communication with the authorities
in order that he could be cared for.
Ellison went to Policeman Salisbury,
woh in turn took him to Doctor Rine-
hart, county health officer. The doc
tor concurred in the decision of the
layman and gave Ellison an order on
the hospital.
Ellison is said to have worked about
hotels before coming here and was
in search of work when taken sick
1t is not known where he contracted
the disease.
Still Another.
Late yesterday afternoon Louis
Lehfeldt arrived from Twenty Mile
with w. H. Payne, stranger, who
was badly affected with the disease.
Mr.. Lehfeldt reported the matter to
Chairman Parker of the county COM
missioners, who took a look at the
man. What he saw convinced him
that the case was genuine and urgent
and he gave the necessary order for
Payne's admission to the hospital.
Nothing is eknown concerning the
patient, except that he is stranger
and worked for Mr.. Lehfeldt.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-06-07
BRING GOOD PRICES.
Several Clips Of Wool Are Sold at
= Private. Sale.

| Without waiting for the regular
market to open, some OF the buyers
for Boston houses have already made
their appearance and are doing as
; was done by them in Wyoming-con-
| tracting for clips ewhile still on the
sleeps backs.
Last Saturday A. w. Elliott, repre-
senting jeremiah Williams & Co.,
; bought the clip of Rogers Bros, one
of the smaller ones, at 147s cents. A
day or two before he contrated for
the Bair clip, among the largest in
the state, at 16 cents. Only small
portion has been shorn. 1t is esti-
mated that the clip will weigh no less
; than 100000 pounds.
Another clip sold before shearing
was that of the Snidow Sheep com.
pany, also bought by Mr. Elliott. Six
teen and a half cents is the price re-
ported. The estimated weight of this
clip is 25O00O. The Custer Sheep
company, one of the large concerns
of this part of the state, sold to
Dewey, Gould & Co. for 16 cents.
C. o. Gruwell, whose sheep range in
Custer and Dawson counties, sold to
Jeremiah Williams & Co. his clip, the
estimated weight of which is 100000
pounds. The price has not been made
public.
The prices thus far paid average a
little higher than was brought by the
same clips last season, and the ad-
vance sales are accepted as presag-
| ing a better market for the tlockmas-
| ters than obtained last year. Seem
| ingly there is disposition on the
part of the buyers not to wait for
| the opening of the open market, which
will be about the first week of next
month. On the contrary they appear
to be desirous of contracting for as
much as possible, particularly in the
case of the larger clips, before the
public sales begin. This apparent
change of operations meets with the
approval of many growers, who are
not as well satisfied as they might
be with the competitive auction sys-
tenn, they believing that they can
sell to better advantage privately and
in advance of the opening OF the
regular market.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-06-07
DEAD BODY OF INFANT FOUND
BY BOYS.
AUTHORITIES HAVE NO CLUE
Remains Wrapped in Newspaper Left
Under sidewaIk-chiId Was
Born Alive.

What is accepted as clear case Of
infanticide was accidentally brought
to light last Saturday by some boys,
who discovered the uead body of an
infant near the Twenty-fourth street
crossing Of the Northern Pacific rail
road.
The body was wrapped in newspa-
per end was found under the side
walk. Apparently the one responsible
for it's being there had left it with
the manifest desire that it should be
found and accorded decent burial, as
it was in plain view of any one pass
ing. Coroner Rinehart was notified
and the remains were removed to his
Office, subsequently being taken to
the undertaking rooms of the Bill
ings Furniture company, by whom
they were burieid.
Doctor Rinehart made careful ex-
animation of the body and gave it
as his opinion that life had existed
for some time after birth.
Investigation made by the police
and coroner failed to lead to any clue
by which the identity of the mother
or the person who deposited the
body where it was found could be
established Tnnuirv among tho djf.
ferent physicians of the city brought
forth the reply from all that none
of them had been called during the
night or day before to attend an ac-
couchment, and the suppOsition is
that the little unfortunate was the
fruit of shame and that the mother
avoided calling in doctor for fear
that it might result in her exposure.