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About Oregon City enterprise. (Oregon City, Or.) 1891-194? | View Entire Issue (Dec. 22, 1911)
M ECiON CDTY ENTE Tho CnttrprlM Is the only Clackamas County Newspaper that print all of tha news of Ihli growing County. FORTY FIFTH YEAR No. 61. OHEGON CITY, OREQON, MI DAY, DKCEMHUU 22, 1911. ESTABLISHED 1SCI or otosg RICH MAN IS JAILED AS SLAYER OF HILL FAMILY N. B. HARVEY ACCUSED BY SHERIFF MASS POSITIVE HE HAS MAN WHO COMMITTED QUAD--RUPLE MURDER EVIDENCE CIRCUMSTANTIAL. Maintaining bla Innocence ami do ctoring (hut ho la a victim of rlrcum slunccs which soon will be explained, Nathun II. Harvey, chared with the murder of the four members of the Mill family at Ardenwald Btullon, June 9, waa f ppuretitly tha least concerned person In Justice of tbo Peace Sam son's Court Wednesduy afternoon, where ho waa taken for preliminary bourlng. Ilia lawyer, C. M." Idlcinat,, of Portland, not appearing, Deputy District Attorney Stlpp read the war rant chnrglrm the prisoner with murd ur, and Harvey anked that the hcarltiK tin pout (Killed until be could confer with counsel. Tha request being K ranted, llarvey waa taken buck to jull where ho waa Joined by Mr. M Io nian. It la probable (hat the hearing will bo next Tumidity, when Sheriff Mas will allow only enough of the state's evidence to be given for 'the prliioner to be held. While waiting lor trio ease to be called, Harvey,, who Is a wealthy nurseryman of Mllwaukle, and bun al waya borne a good eputation, until hi naiiin wan connected with the Hill tragedy, chatted pleasantly with Sher iff M.ihh and Stevens. His conver sation related to the weather, hl busi ness prospects, his llttlo daughter who Ih III, and other common place topics. Not once did he mention (he crime for which be was arrested. Foara For III Daughter. Harvey denies his guilt, and de clares he can prove his Innorence. Ills deepest concern seems to, be for the welfare of his daughter. He fear his arrext will have a bad effect upon her condition. Sheriff Muss Is conn dent Harvey Is the Kullty man. and bases bib opinion upon the following point, which bo snys can be proved. The crime was committed between 12:4!i mid 12:50 o'clock on the morn ln of June 9. Tho sheriff rvfuaea to (ell how ho found out the exuet tlmo of the murder, llnrvcy got off a streetcar coining In this direction from Portland at Ardenwald at 12:25 o'clock. Several persons saw him when he alighted from the car. It Is said he had to pans the Delk homo, where the ax, the Instrument or tne tragedy, was obtained. His wife nnd oiher members of his family do not know what tlmo he returned homo, for no one occupied the room with him. Hnrvey, It Is said, has revealed In formation which no oue, but the sluyer could poBslbly know. Lawyers Engaged. Five days after the crime, accord ing; to the authorities, ho went to a Portland firm of lawyers, of which Jay Iiowerman. late candidate for (lovernor, Is senior partner, and en . mitred the Arm to defend him In cane of his nrrest for the Hill murder. He la said to have stipulated In writing that he would pay the lawyers $20,000, and pledged his ranch at Mllwaukle In payment of tho fee, SuHplclon was not directed to Har vey until the authorities learned of the transaction with the lawyers. It Is said that be attempted, on aev eral occasions, to hold up women, and that several years ago two girls, who were driving In a wood escaped from him by whipping their horse Into a gallop, lie Ih accused of having re ' peatedly Insulted women. The authorities say that the pris oner wanted to buy the property which was bought by the Hills, and he made throats of preventing the sale. Threats, It Is said, were also made by him after the sale. He Is reported as having said he would ycr obtain the property, which he wanted to give to a relative. Mother and Brother 8laln. Sheriff Mass says that criminal In stincts are hereditary In the Harvey f imlly. His brother Daniel and his mother were found slain In their home In 1888. The authorities at the time suspected Daniel of having killed his parent and then committing sui cide. Another brother of the prisoner was drowned In a pond two feet deep twelve years ago. Suicide was sus pected. Not long after the death of Harvey's mother, Mamie Welch, a sixteen-year-old girl, was slain In Harvey's strawberry patch. A rela tive of Harvey, Charles Wilson, who was charged with the crime, commlt ed suicide In the Clackamas county Jull.i (Continued on page 8.) THOROUGHFARE IS ". FAVORED BY COURT The County Court Thursday denied the motion to quash the order for the opening of the Sleben road. The order for opening the road was granted at the term of court In July, 1IO. A petition signed by several citizens of the district was presented to the court, but It was decided that the road was necessary. The road U In the Sunnyslde district and will be alout one mile long. An appeal will be taken to the Circuit Court PRISONER WIMS INNOCENCE STORY OF CRIME. William . Hill, Ituth Cowing- - Hill, Dorothy Itlntoul, nine years of age, and Philip Itlntoul, all years ji( age, wero killed with nn ux. while asleep In their homo ' near Ardenwald Station, Juno 9. The ax was left standing at tha foot of tho couch upon which was the body of the girl. The ax was taken from the home of T. J. Delk, llvlnf hair a mljo distant ITho slayer . entered the housed t through the rear door. Mrs. IIUI t was h daughter of Thomas F. Cowing of Portland, but formerly an Oregon City lawyer. Her girl- hood was panned In this city. Her first husband was Junies Itlntoul. ' ' 1" " L E OF FARE RATES SAID TO BE LESS SATIS FACTORY THAN BEFORE REARRANGEMENT. COMMITTEE WILL SEE OFFICIALS Superintendent Gary Defends Law Providing For School Super visors Against Dlmick Chargs. At a luncheon of th IJv Wires of the Commercial Club Tuesday com plaint was made of the fares being charged by the Portland Hallway, Light & Power Company since the State Hallway Commission Issued an order for he rearrangement of fares. It was alleged that little If any re duction in rates had been made and In soma iMiunces rate were higher than before. The consensus of opinion was that the railway company waa somowbui handicapped by the order of the commlslon, but would make changes in rates that worked a hardship. A committee con sisting of M. D I-atourette, 11. E. Cross, H. T. McBaln, W. A. Shew man und B. B. Urodle, waa appointed to confer with President Josselyn. of the Portland Hallway, Light & Power Company regarding a re-arrangement of the rates. The committee will or ganize Friday night, and will prob ably have the conference with Mr. JosHolyn early next week. An announcement was made by Dr. Clyde Mount that persons ut Inter mediate places had complained thai they bad not been benefited by tho re arrangement of rates, and several said thu rates were higher. He sug guested that Oregon City might retail ate when tho company asks for a renewal of its franchises for hauling freight over the streets of Oregon City. T. W. Sullivan, hydraulic en gineer, of the company, declared that It was not to blame and thut the fault lay with the stnto railway commis sion.. v ' It was cited that before the new "urder went Into effect a book provid ing for fifty rides from Gladstone to Oregon City could be purchased at a rate of four and one-half cents a ride, while now the cost was five cents. The four nnd one-half cent rate form erly applied to any five cent fare point, and the new rate is now effec tive to all these. The old rate be twoen Gladstone and Cuneniah was five cents. Now It is ton cents. The rate between Portland nnd Oregon City has been reduced from 25 cents to 20, but 20 cents the old rates. Is stllf chnrgnd from the Golf LlnkB to Oregon City. The fare from Rlsley to Oregon City has been incroasea from 10 cents to 15 cents, nnd one or two other stations are similarly affect ed. The same fare Is charged from Gladstone to Portland as is charged from Oregon City to Portlond. County School Superintendent Cary took issue with Mayor-elect Dlmick, who made the statement In an address In Portland that the law providing for the county supervisors was as useless as another pocket In his waistcoat would be. Mr. Gary said the new system should at least be given a fair trial. "All the teochera like the system," snld Mr. Gary, "and I believe tne su pervisors are doing (rood work In Clackamas county. The superinten dent In Oregon City la paid $1,800 a year. The teachers here are college graduates, therefore supposedly more proficient than the county teachers, and It would seem they would need less supervising." M. J. Lazelle, secretary of the pro motion department of the Commer cial Club declared that a cannery. If properly conducted, would be sue- i cess In this city. He said he had con ferred with Portland business men. who snld they would handle canned goods made in this city. "The trouble with the canneries started In this county heretofore." said Mr. Lazelle, ''waa that they were not conducted In a business-like way. A large cannery In thia city, conduct ed by business men, who have bad ex perience In canning goods, would pay welL" Couple Cts License. A marriage llcensj was granted Fri day to Frelda Stelner and Clifford Young, of Boring. IVE WIRES START PROD COMMERCIAL CLUB CAINS 43 MEMBERS SPECIAL CAMPAIGN WITH RE DUCED RATES BRINGS TOTAL UP TO 221, RECEPTION TO BEHELD 111 Rooms Have Bssn Rtfurnishod And Other Changes Made Or ganlntlon In Prosper, out Condition. Tho special campaign for members Inaugurated by the Commercial Club several weeks ago ended Friday, the total membership now being 221, an increase of forty-three. Tho old rates of 25 for resident and $10 for non resident members become effective again today. The club never waa In a more prosperous condition than at present, and all but one or two busi ness houses are represented. A big reception In honor of the new members hus been planned for New Year's. Tho club has spent $300 Id remodeling the rooms pnd refurnish ing the parlor. Tho following Is a. list of the mem bers: John Adams, L. Adams, Jamea Ad kins, Frank E. Andrews. J. T. A p per son, Hoy Armstrong, B T. Avlson, O. T. Anderson. ' Frank T. Barlow, H W. Baker, A. L Heatie, Wm. Beard, E P. Berdlne, C. L. Hlakeslee, Charles Bollinger, II. P. Brlghtblll, E B. Brodle, R, W. Brown, George C Hrownell, F. C. Burke, Earl C. nurke, Frank Busch, Sr., Frank llusch, Jr., John Ilusch, Leo Ilurdon, A. B Buckles, J. W. Bennett, A. C. Urodle, M. J. Urown, E. P. Car- ter, 8 L Caatn, J. U. Campbell, H. U. Cartlldge, E. A. Chapman, T. L Char man. John F. Clark, Mort J. Cockrell, J. W. Cole, E. H. Cooper, John J. Cooke, II. E. Cross. K. J. DauIloA, Q. B. Dlmick. W. A. Dlmick. II. E. Draper. C. II. Dye, E. C. Dye. W. II. Eddy, O. V. Easthftm, Clar- ence I Eaton, o. I). Etiy, u. a. Elliott. Duane C. Ely, George V. Ely, Charles Evans. I Tom B. Flulrclough, John B. Fair- cleugh. C. P. Farr, E. T. Fields, C. C. Fields, O. B. Freytag, Perry Fnrnsley, A. O. Freel. Wra. Gardner, J. v. Ganong, F. C. C.ttdke, T. J. Gary, Lyoncl Gordon, F. T. Griffith. O F. Glbbs. Ed. Harrington. J. W. Hlatt Wm. (Continued on page 4.) FAVOR OF HIGHWAY PORTLAND, Dec. 15, (Special.) The county Judges and commission ers spent today as guests of Multno mah county, visited tho county Insti' Unions. No rond bills wero Indorsed, either those approved by (ho State Good Roads association as drafted by the state wide committee appointed by Governor West, or the bills of the Grange. It was agreeu by both Bides of the highway contention that the bills providing for tbe use of state and county prisoners on roads might bo endorsed. There will be no oppos Won to these. Favor was gained or the Pacific highway.the trunk tourlHt thorough' fare from Canada to Mexico by a pre a entation of the plan made by Frank Branch Riley, vice president for Ore gon of the Pacific Highway associa tion. Mr. Riley uiscussed tbe doslra blllty pf all-the-year-round trunk high way as the unit of a good roaJa sys tem, and called the attention to the desire for laterals nnd connecting line which has been stimulated by the suc cess for marking the Pacific Highway for nearly Its entire proposed length. "The Pacific Highway will be the golden chain to bind the last west." declnred Mr. Riley. "The facetious remark of another speaker that the Pacific Highway begins In the Arctic snow and ends under the Palms of the tropics, is not so much of a Joke as was intended." "The BrltlKh olumblan government Is extending the Pacific Highway to Hazelton, B. C SOmlles south of tho Alaska border, and a pathfinding car U blazing the trail to Dawson. IJke wise the Mexican people are cooper atin In the southern extension of the great road from San Diego to the City of Mexico. This road, which la worked and traveled through the west ern counties of Oregon, Is tne first rent national highway, and In 1915 will be the longest International thor oughfare In tho world." Mr. Riley further explained that road districts along the route of the Pacific highway are preparing to bear nearly all of the expense involved In constructing local units of the road. HT. PLEASANT HAS COMMERCIAL CLUB A Commercial Club with about forty charter members has been organized In Mount Pleasant. The officers are Ward Lawton, president; Bert Clark, vice-president and F. A. Andrews, sec retary and treasurer. Five directors were elected. Th club will erect building at once. It will contain club rooms, a reception room, dining room. kitchen, stage, etc. The members are enthusiastic over the prospects of the club, and It Is thought many others will become affiliated with the organ ization soon. H.G. IS CREE HEAD The election of If. O. Starkweather, a well known resident and foe td s?n glo tax In Clackamas county, as mas ter of MllwHiikle) Grange, ii said to bo significant of the attitude of this grange toward this method of taxa tion. Mr. Starkweather has always been outspoken In his opposition and a few years ago Introduced a resolu tion In Clackamas County Po. mona condemning single tax s dangerous and a menace to the state and especially to farmers. In his remarks In accepting the ol flee of master, ' Mr. Starkweather made It plain that be has not changed his mind, and believes that every farmer of Clackamas county should fight the measure. This was tho sen timent of several who spoke on the subject. Other officers ehetid are as fol lows: Overseer, Carl Hanson; lec turer. Captain J. P Shaw; steward, Wyn Bunnell; asslstanst steward, Duptlst Campbell; treasurer, A. L. Bolstad; socrotary, Miss Kate Casto; gatekeeper, C. B. Bunnell; Ceres, Mra. Carl Hanson; Pomona, Mrs. D. E. McConnell; Flora, Mrs. Florence Robblns; lady assistant steward, Miss Florence Rowle; trustee, C. H. Duchey. IS URGED BY LAWYER LOYAL M. MXARTHY DECLARES JUGOES ARE NOT PAID ENOUGH. LACK OF DIGNITY IS DEPLORED H. O. Starkweather Takes Issue With Portland Man Caution Is Urged In Use Of ' Initiative. Loyal M. McCarthy, a prominent Portland lawyer, at the banquet of tbe Congregational Brotherhood Tues day evening, urgi moderation In tbe use of the Initiktue and reK-iudum. He said that the petitions should not be signed promiscuously, but the sign ers should know what they were sign ing, and the signatures should be af fixed in the presence of an auditor or an authorized Judge. "The courts should be reformed, too," said Mr McCarthy. "The Judges are not paid enough, and the courts are not dignified enough. If the salar ies were higher, men with more dig nity would be elected. H. G. Starkweather, who followed the Portland lawyer, declared that Mr. McCarthy was wrong In advocating larger salaries for Judges. The speak er said the salaries were large enough, nnd larger salaries would not add to the dignity of the courts. "If It is a misdemeanor for a man to buy another's vote. It should be Just as much a misdemeanor to use money In the legislature for the pas sage of bills," declared the speaker. Representative Carter opposed the Indiscriminate Introduction of bills In the Legislature. He said that 700 bills were Introduced at the last ses sion, and that members frequently voted for measures they did not un derstand, and it had been Impossible for them to study. Charles A. Miller entertained the audience with several readings, and Dr. Paddock, of Portland, delivered an Interesting lecture upon the Im portance of the Bible from a histori cal standpoint. The Boyle Woman's Orchestra, of Portland, delighted those present with several selections, and Major Noble gave a recitation which was greatly appreciated. W. A. Shewman delivered an address up on "Men." which was well received, and President Gnry Introduced the speakers and other entertainers In his uRual happy vein. About sixty mem bers of the brotherhood partook of the bountiful spread prepared by the women of the church. RUFF ILL TESTIFY I SAN FRANCISCO, Dec. 16. (Spec ial.) Former Mayor Eugene E. SchmiU will go to trial some time In January, either on the charge of ex torting bribes in connection with the granting of the United Railway trolley franchise, or with tne flxlng of tne gas rate Immediately after the great disaster of 190G. The principal wit ness against Schmitt will be Abraham Ruef, the former political boss, now serving a term of fourteen years at San Quentln prison for bribery. The District Attorney's office made the de finite announcement today that Ruef would be called. ' The District Attorney was given until January 5 to select the charge on which Schmitz will be tried, and on that date the time for beginning the trial will be set In view of tho fact that Lawlor has already set the stat ute of limitation in motion, the trial must bo begun next month. Schmitz was Indicted in July, 1907, for extorting money from the French restaurants but the Judgment was aet aside by the Appellate and Supreme Court on the ground that the Indict ment had failed to state that Schmitz was tho Mayor and Ruef the political boss at the time of the extortion. Schmltx has been engaged In mining and oil operations, besides conducting an Insurance business. COURT M MOORE ATTACKED ME SAYS BICHNER PIONEER DECLARES RICH CE MENT MAN STRUCK HIM ON HEAD WITH STICK. INJURY PERMANENT HE DECLARES Three Panels Art Exhausted Before Jury a Obtained Dr. Mount 8ays Patient'! Sight Is Impaired. Joseph Blchner, a pioneer of Clack amas county, at tbe trial of the suit instituted by him against Aman Moore, president of tbe Portland Ce ment Company, testified Wednesday that he was attacked without provo cation. Blchner la suing for $10,M0 damages, and alleges that he was permanently Injured by the rich ce ment man. Moore, who also was wounded In the altercation, declares that he acted In self-defense, and was In no sense the aggressor. The fight started over the owner ship of a strip of land at Oswego where the Portland Cement Company Is building a million dollar plant Tbo company bought the land from Henry Cans, who said he bought It from Blchner In 1894 Blchner declares he never sold the strip In question. Blch ner testified that he and his son Henry were building a fence, separat ing the strip from land owned by the cement company, when Moore and another man appeared. He said Moore picked up a sfjck and struck him on the head and shoulder. The wound on the bead, the witness declared, was so severe that he had to come to Oregon City to have it dressed. He testified that It had caused his eye sight to fail and be had since suffer ed from Insomnia. Dr. H. S. Mount, who dressed the wound, said his pa tient had complained of dizziness, pains in his head and failing Bigot. The case is being tried before Judge Eakin and a Jury. George C. Brownell and William Stone represent the plain tiff and Gordon E. Hayes, S. H. Pierce and John F. Logan represent tho defendant Three panels wero ex hausted before the Jury was selected. Moore has a $10,000 damage suit pending against Blchner, alleging that he was permanently injured by blows struck during the fight Blchner re cently obtained a verdict In his favor in a suit for possession of the strip of land over which the fight started. L IS HELD AT CLARKES An Interesting educational confer ence was held at the Clarkes school house, the forenoon being given to a teachers' Institute and the afternoon to a general meeting. The women of Clarkes entertained the teachers at lunch County Superintendent T. J. Garv. Robert Ginther, Emma Klein- smith and several other teachers i4 visitor marte addresses. Manv nnrtnnt ariiiratlnnnl mattpra were c aidorprl Mnrh Interest was manlfo orf In thu pxnlnnatinns eivpn resDecf Ini? ths supervision of rural schools. the purpose, cost, etc. This Informa tion brought out the following points: City schools, as well as all Kinas oi Imnnrtnnt hnslness. have Ions: been closely supervised. This supervision has been found to be not only neces- aiirv tn nrevpnt failure hut a lead'ng element in achieving success. Oregon City, with college ana normai-tr.unea fpnehpra. less than thlrtv In number. pays an expert educator $1,800 a year for supervision alone. But it nas oeen thought sufficient that another educa tor nt a salirv of 11.000 a- year. should supervise 200 rural teachers. rt -niir If la Imnnssllile for any county superintendent to supervise such a large number of teachers, many of whom have no training- for their Important work. The method of su pervision for rural schools now be ing tried out In Oregon provides that not less than twenty nor more than tifif tonrhora shall have one super visor. The plan has not yet had time to prove Its value, though much good has already been done. Clackamas county has three supervisors besides the county superintendent The cost of supervision amounts to about four teen cents on $1,000 of taxable prop erty. After the addresses the visitors ex amined the very Instructive school ex hibit prepared by the pupils of F. H. Wilcox and Edna Gard. HOUSE TO BE BUILT FOR ROAD MACHINERY County Judge Beatie announced Tuesday that John Heft of, Beaver Creek, bad been employed to build a shed at Carus in which to keep the machinery used In building roads dur ing the winter. Mr. Heft will work under the supervision of Frank Jag gar, road master. An acre of ground was purchased upon which to erect the shed some time ago, the county paying $100 and Mr. Jaggar $200 A house that was on the property has been used for a tool shed, but It Is not large enough and It was decided to build a big addition. The county owns about $30,000 worth of road ma chinry, and all road supervisors ad jacent to Carus are urged by Mr. Jag gar to store, tbe machinery used by them In the shed. WIDER PRIVATE ROAD Frank Dayton, a 'plo.ieer hardware dealer, of Portland, whose place of business Is at First and Taylor atreets, Saturjay filed suit for possession of a road, against James T Gray, a steam boat man of Alaska. Dayton alleges that he purchased 3.41 acres of land In Courtney from tbe defendant April 9, 1909, for which he paid $5,200. The defendant also conveyed a "conven ient right of way, of easy grade for ordinary road purposes' from the pub lic road east to tbe plaintiff's property. Dayton baa erected an expensive sum mer home, and declares the defendant staked out and built fences so ai to allow him a- road of from only ten tv thirteen feet wide. He declares that the road It too narrow for vehicles to pass, and that friends who visit blm have trouble In passing . over the thoroughfare In their automobiles. When machines or other vehicles meet it Is necessary for one "to back out" Tbe plaintiff, who la represented by Dlmick c Dlmick, asks that ho be al lowed a road forty feet wide, and that the court determine the meaning of the phrase In the deed "convenient right of way, of easy grade for ordin ary road purposes." FARMERS LEAD III PAYING TAXES $275,349.93 OUT OF $493,614.20 IN 1910 COLLECTED FROM THEM. TOWNS ALSO LARGE CONTRIBUTORS J. O. Staats Furnishes Information That May Bo Used In Campaign To Change ' System. J. O. Staats, Chief Deputy Sheriff, has prepared tbe following, for . the benefit of persons lnterestea in tho i.ix cenroversy started bv th.j ca'U palgn for the adoption of Bingle tax: "While the subject of taxation Is being discussed, and much Is being said on both sides of the' question as to the best method of assessment so that a just and equitable distribution of the burden of keeping up our public Institutions may be had; It might be well for us to take a square look at the tax-roll to see who actually does pay taxes under the present system, and the proportion of taxes paid by the fanners, the Incorporated towns and the public service and business corporations. "A careful examination of the tax rolls of Clackamas county showB that there had been collected up to De cember 1, on assessment of 1910, $493,614.20. " "Of this sum the public service cor porations doing business in the county have paid $77,918.35. The big lana companies as follows: Southern Pact fie railway, $25,217.27; Weyerhouse Companv. $3,223.82; Collins Land Company, $8,651.18; the three paper mills, $21,138.65; the five incorporated owns of Oregon City, Canby, Eataca- Mllwaukle and Oswego, $82,115.00 the farmers of the county the bal or $275,349.93 f the public service corporatlonh i business in the county, the Ore t California (S. P.) pay $19,449.64, ! tha in addition to amount paid on 1 hnd; the P. R., L & P. Company paid I $50.197 00; the Oregon Electric, $2, 1678 74; Beaverton & Willsburg R. R., I $2,735.18. The various telephone com I panics, $2,140.24, and the telegraph I companies $278.03; The Pullman Com pany, The Wells-Fargo Express Com pany and two or .three rast ireignt lines make up the balance of the amount from public service corpora tion. "The tarmer does not pay all the taxes, but he pays his share as sttown by the above figures." RAILWAY SIDING INi HILWAUKIE DENIED The County Court Thursday after noon revoked the franchise of the Portland Railway, Light & Power Company to lay a track on Eleventh street In Milwaukie. The franchise was granted by the court sometime ago after It had been declared by the lawyers for the company that the property owners did not object to the siding. C. A. Wolfygany, Edmund Sweeny and others protested vigor ously and their attorney. Col. Charles H. Dyi, explained their attitude to the court, with the result that the franchise was revoked. The court ad mitted that the proposed siding would seriously affect property Interests. . BERG ESTATE $1,000. The estate of Charles Berg, who died November 13, 1911, in British Columbia, was filed for probate In the County Court Thursday. The real property, which is In this county, is valued at $1,009. Hyde To Have Third Trial. KANSAS CITY, Mo.. Dec. 14 (Special.) Judge Porterfleld an nouncd that he would dismiss the jury impaneled to try Dr. Hyde for the murder of Colonel Thomas H. Swope, on account of the mental Incapacity of the Juror, Harry "Waldron. who re annparod todav ftr PAranln? from the hoteL A retrial of Dr. Hyde will probably be oraerea immediately. U'REH HITS BACK AT TAX CRITICS DISCIPLE Or HENRY GEORGE DE NIES THAT MISSTATE MENTS ARE MADE. NEWSPAPER BLAMED FOR ERROR 8lnslt Tax Loader Assets That Men Who Aro Decrying Plan Aro Not Well Informed. W. S. U'Ren Friday declared that tho statement of Grant B. Dlmick, Mayor-elect of Oregon City, at tho meeting of tho county Judges and com missioners In Portland Wednesday that the single tax advocates wero making misstatements regarding the assessments In Clackamas county was untrue. Mr. U'Ren also aald that oth ers who were accusing the single tax era of unfairness wero themselves mis informed. Hi statement follows: "Somn of these Live Wires speak in their haste, aa the ptophet did on one occasion. But Jn all this discus sion about tbe SingI Tax It should bo remembered that there la alwayi a chance for misunderstanding. ' "In the dehate reported between Mr. Stone and Mr. Zeazie In last Tuesday's Oregontan, the twelve acres of Im proved logged-oft land paying as much tax aa tbe remainder of tbe section, was located In northern Washington and not In Clackamas county. Tha mistake was not difficult for the re porter to make because Mr. Stono waa dealing largely In Clackamas county facts. . ' "As to errors in the Clackamas county single tax roll now being made, I have no doubt that It will be round fully as accurate as any other roll on wmcn taxes nave aciuaujr oeeu collected. It U being made under the direction of Mr. G. F. Jotmson, deputy assessor tor Clackamas coun ty, and tbe work is being done Dy peo ple who have worked successfully on tbe regular tax roll In Multnomah and Clackamas counties, and the taxes on which were actually paid. There fore we have no fear that there will be any errors sufficient to affect the general value of this single tax roll as an object lesson for tbo taxpayers of the whole state. . . . -"In the course of this work we have learned that the P. R. LAP. Company Is using and selling water power In Clackamas county that Is worth at least $8,000,000, which Is not and which good lawyers say cannot be legally assessed for taxation under the present laws. If this water-power was assessed on tbe same percen tage of Its real value that the property of many small home owners la assess ed for, the company would have to pay at least on $12,000,000 assess ment for this one Item. But the State Tax Commissidn and the assessors aro of opinion that there is no law In Ore gon under which water-power can bo assessed and taxed. "If this is true, and I have not heard any lawyer question it, those Live Wires of Oregon City and other places who are or have been members of the Legislature, might do something for the smaller taxpayers by securing the enactment of a law under which the assessors could assess water-powers. To the best of my knowledge none of them ever introduced a bill Into the legislature for that purpose. But that will not be true after the next legis lature adjourns. "It is not so strange that these men should be alarmed. Many of them are land speculators on a small scale or attorneys for great land speculators. The Single Tax proposal is new to them and they have not made a study of the bill. There is nearly a year yet for such consideration and a fair chance that they will all have a bet ter working knowledge before election day comes. As to Mayor-elect Dimicks state ment concerning the two one hundred acre tracts in Clackamas county, he did not hear what he said he heard. I have some times been In doubt whether tho mayor-elect really be lieved he heard some things that he said he heard. This Is one of such cases. If ne does reany oeneve mi he heard what he says be heard, his ability to hear something that was not said is a real talent "All progressive citizens who are watching the postoffice reports for business in Oregon, the clearing bouse reports, the building Industry, the new railroads and other signs of growth In Oregon, will sympathize with those timid souls who fear that tbe use of the Initiative and Referendum will drive labor and capital out 01 Oregon. It Is not so many years since two very eminent lawyers of Portland pub lished their opinion that the safety of most of the people of Oregon would denend largely on their ability to get out of tbe state if the people should really have power to make laws. Both of thes-3 lawyera are still makln money out of their law business la Portland. Neither have I heard any (Continued on page 4.) BEING PUT OFF CAR W. H. Thnmons, through Attorneys Brownul and Stone, Monday fll"! suit for $10,000 damages against the Port land Railway, Light k Power Com pany. Tha plaintiff alleges that July 30 he bought ft ticket at Linnemao Station on the Spingwater Division to Gladstone, but was refused a trans fer at tho Golf Links and was flaally put off the train. He allege, that a friend promised to pay bis fare, and he climbed aboard the train a second time, but was put off again. 10,000