Image provided by: Oregon City Public Library; Oregon City, OR
About Oregon City enterprise. (Oregon City, Or.) 1891-194? | View Entire Issue (May 9, 1913)
OREGON CITY ENTERPRISE i T:,n..rpr,.. I. J. I Lu Ctackamas County W.M.r th.t print- J, Ihi now of thlt I 0rl"9 County. CLACfWl UnrY FAIR, CAi,3v, ""E SEPT. 24, 25, 20, 27. r0RTV SIVENTM YSAR-No. 19. OIIEQON CITY. OKEQON, Villi) AY, MAY 9, 1913 ESTABLISHED 1861 BER GAULT FREED BY E WINNER OF AUTOMOBILE GRAND JURY IRE ROUSED BY "FAKE" JURORS CA SHOPS STATE'S NEW RECALL AMENDMENT MAY YET BE PROVEN INEFFECTUAL ATTORNEYS WHO INVESTIGATE RECENT POPULAR LEGISLATION FIND THAT NO PROVISION IS MADE N LAW FOR EFFICIENT ENACTMENT MEASURE AS IT NOW STANDS SAID TO MERELY PROVIDE MANNER BY WHICH POPULAR DISAPPROVAL OF OF. FICERS MAY BE EXPRESSED; BUT POWERS ARE LACKING. IN HUNTLEY'S CONTEST IN 45 MINUTES; TO WILL RISE HERE GOES IRK YOUTH WHO SLEW STEP FATHER LEAVES COURT ROOM WITH STAIN Of MALICIOUSLY TAK INO HUMAN LIFE REMOVED PROM CHARACTER 0 'CROC C. BROWNELL'S CLOSINO ARGUMENT, TOGETHER WITH PRISONER'S DEBEANOR WHEN UNDER PIRI f POM PROSECUTION, BELIEVED TO HAVE INFLUENCED JURY. On ih v.TKii of lil majority ha will b II within n""l,n or fiunn (iftiili, aft it almnat a yr In Brl.n. I" fn nA ",rBl" I, , charge of murdering M at-p- f(hrf In I''""' ,M"m ''ov- from character by a Jury of twelve mm. wh llnt.ind for two d,, iu evidence Introduced fur iud aualtut y"",,,, nmn- 11 UH,k th jurora Jut 4& mlnulne of 1 illber ,tlon to reach their vortlli'l. and five n,inutc after Owy reentered tie rourt '' )"'"" !"" '' "' on hl tno'her'a arm. Iil fara bright with h"l". and voicing tbo dotarmln itlnn to return to Ufa with Ilia firm purloin of conducting hlmai'lf pud rltln n Gull ordeal r'rhrtd Ita climax Ui In tho uf'eriiuon Saturday, afmr U wanliK llsht of day had ma.la It (KfMiiry fur hiillff to turn on thi .lortrlo llithta In Ihi) court room, and whin their yellow tslara niala tha for of mrtainra, proaeculor and jurymen silk" turn fallow and rold. It 'hen that Prosecuting Attorney Tonmii'. I" hi rloalng atatemnnt. pointed an accmlng finger at tha younil man. ami In aybllnnt tona that rwi hcd every corner of tho chamber, told tha Jurtira that ba firmly believ ed (hut tli" young man had. wl'h ran Ho and prMiiMlrltntlon. deliberately picked a quarrel with hla step father. kD'iwlii full well that the older man would probably attnrk him. and had rrllrd upn Hil attack to Rlva hlin the iriiM of "lf defense l'r on when he inild ha called upon to plain the blow ha atruck, and which rnt I). M U'ltd'l to a higher Judg- Blent. Chargta Dlrtct Millca "Thrt Indictment charges thl man with d'lili.rut, promedltaied mur der," Mid Mr. Ton i. 'Tha dofenae admlta the killing. Evidence haa hown tlmt tlm toy nt'rod hla noma on thli futul nlitlit picked up an ax, and nt to chopplm wood. Ili took rare to o Hint hn waa arini-d. Thrn wlih In hla hand, b dollber atly pmriikMl thl old man to a qiiar nt. by thro Inn hark at him all the thlnKi that ho had dona to hint In tlmri (m lr- When Iltxcl, In hla nt, nialiid at the boy. ha fulled bin, Hud h'i cone no farthr, per hani h ii I.I pli.uil that lio had actrd In ti'lf di'fciiHp. 1 1 had reala'ad force fiirc. ho hud put hla adverwy out of tlm ny of dolni him Immodl ato and further harm. "Hut bo il id not atop thn. In hla own mls. Kiinli which tha liffinae doi not coiitrnvort, ha went fiirlhor, and b.iowh dm innllre In hll art. Wl'h lil t-i fnthor down and out, and 'ulimliiK on tho floor bofore him, an ho inld aomn of those wit niii' )m Imvo heard, he hit him attain -ub ho nyi It: J batted him over tho lund a couple of tlmoa to put h l in nut of hla ml aery.' " Boy Wlncea at Charge An tho priiMH'iitor reached thla clim ax of nix cumi In hla appi'al to the Jury, emit blniirhod and Ikwm1 hla head Tear aprnnR to hla yea, and Intttnrt t cly liin hnnd went out to ward hlu motlior who ant boalde him. Rut h..fi,r,. tho hnnd touched her he had recovered bin aolf poaaeaalon, and drnwhiK mck hH hnnd he itrnlKhii-ncd In hla chair, and lookod tho Jury men - nil of whom were re Kardlnit dim clonely, aiiunre In the 'yea. It wna tlm tiirnlnu point of Ihi trlu I. muiiy who noted tha clrcum tancen believe; and tho boya he iiavlnr under the terrific Krllllnir. he reooivcd, counled with thu maitorly dofoimo nffordiHl him by Ooorse C. Hrownoll, tinrdon K. llnyea and Hoa r"e Hurnl. ewinin tho verdict In hla fnvor, V Mr. Hrownoll nf rnnnuil fnr the di'fenw. foiiKht for i.ho boy'a Ufa na If! ii niii iHn hla own,. Ever alert, and laklim ndvnntnKn of every bit of evt dene. H, ,i , nehalf. ha built up a defense thnt allowed tho boy hnd won th,, victim, lon bofor the fntiil quarrel, nf Horleo of cnenttlea that would hnve broken many man. from tlmn to time Mr. Ilayoa. aaao I'lutn riiiinaol, rtotocted an overlooktnl flaw in . (,it of evidence, nnd hro"Kht it to the attention of the court. Clotlng Appeal Stirring Mr. Hrownoll cloaod the caae for he d, ferine, in, plea for hla client' life win eurneet and without pnaalon. II' Hpoko to the Jury aa he would to frlendn, iiiHcuBHltiK with thorn the varum pluses 0f the cnai, and not nntil tho end, nfter he had built up Proof of the nelf-dofenaa of the prla n"r. did he appnl to the aympathlei of the ielve men. When he did ni'iko tiiln nppeRl, however, hla worda rarrlerl niny of them back to thlr own boyhood dnya. when they hnd "'"" Hx-lr hnrdahlpi In mannlflod form, nn children do view their roncH; and aa ho tormlnnted hla arcuinont there waa acarcely a dry ve In the court room. JuiIko Cnmpbell waa aliaolntely fnlr 'n tiln charco to the Jury, and netthpr tinnH..i found anything for ohjee'lon m hl renmrka. They endeavored to 'I nd opportunity In them . for an Heventh-hoiir plea In behalf of hla ,h"ory, but waa choked off by hla hon r. who curtly Informed him that he " ll' vod all point a had been covered n the chnrtte. Jud(?e Campbell Qut-Jini-d the three dnKroa of guilt which '1 1'iry could embrace In thslr ver and then charged them that if 'ley could not, beyond a reaaonalile "lt. find the defendant guilty In ny of theae djsreoa, It waa their ""y to acquit him. Much Toatlmony Taken .TJ1 "ae opened Saturday morning n the testimony of aeveral wlt nsea for the atate. who did not an- (Contlnuad on pue 4) LOCAL RAILROAD WORK IS RESUMED Improved weather cimdltlona havo mad-j Killiln the remiiiilng of track layln on the ( lacknmaa Hoiitnern railroad, and alnre Krlduy full crewa hav been buy puttliiu down th-a and aleel ou the newly gradtd rlchtof way In Ilia nelghlxirhood of lienvor Crek, Tina ar huuHd out from Ore kou C'I'y on flut-iara, and while a nil- laying machine la nut being uued the track layer, have becumi ao profici ent In handling the material that rapkl progreti la being made. At (ireaent niHterlnl la b iltig hauled by a conatrui-ilun tucomotlve, auch aa la und by general contracting flrma; but order hav been plui'cd for an engine to handle 'he freight and paaa cgr traffic on the line aa aoon aa tho road la opened. The engine will be procured from one of the big trana contltieiital 1 1 ilea, and will come from their ahopa with the name of the new road painted lu brlKht lctt-n on the tender. Hulling a'ork fur tha line at flral will probably bo borrowed, Aa It la tha Intention to eventually ue electric power In operating the road, order fur permanent equip ment will not be placed until the line haa boon completed well beyond Hea ver Creek. Hy tha. time Inatallntlon of wlrea and power llnea will tie commenced, and then a complote In lerurlmn equipment of the mot ad vanced dealKU will he ordered uy the road, HILL LINES CHIEF HAS PLANS READY Announcement will ahortly be made ly I'realdent Joaeph II. Young, of the Hill I.lnot In Oregon, of pluna for the extetulona of Ihi Oregon Klec trio a litem In the Wlllnmetto valley. Mr. Voung haa Juat returned from a conference of Kill chlefa In th Eait. and while not yet ready to mak any definite atntenienta about local work, hna aald that plana and profile would aoon be prepared for futuro work aouth of l'ortlnnd. It la very generally believed that the Hill tine will extend aouth from their new Kant Hide twnlual property at Itelmon. Mtirrlaon, Third atreet and I'nlon avenue. l'ortlnnd. along the eaitern aide of the Wlllnmctti valley, and announcement of the route to be followed and the r-fglona to be tupped la eagerly awaited. The Hill Intereata hnve hnd aKont out In thi Clnekamn valley on aevernl oc casion. anl thl haa led to the be lief that they were planning to run a line Into the fertile timber and agri cultural region lying nlong the uhora of tha chief tributary of the low'er Willamette. Activity of tho Southern Taclflo In tereata aouth of Oregon City haa aleo led to the bellof that the Hill llnea wore planning an Invaalon of their territory, and that nowa of their ln teiitlona hnd leaked to the rival -tern. The announcement of President Young, when made, will clenr up much of tho myalery that haa aur rounded local rnllroad pinna, and will probably contain new of the boat ort for the eaat aide of the Willamette valley. RAILROAD SEEKS LAND Through Hrownoll & Stone, local attorney, the Portland, Eugene & Knatern railroad haa filed condemna tion aulta agnlnat tho I'orland Ce ment company, the Oregon Iron & Steel company, the Security SavlngB A Truat company and H. H. Coahun. nightaofwny are dealred throUKh property owned by the dofendnnta along the went bank of the Willam ette for the now electric lino that the electric dlvlalon of the Southern Pa cific Intereat are building aouth from Portlnnd. PIONEERS RECALL DAVS OF CHAMPOEG Under the auaplce of tho Oregon Historical eoclety the annual celebra tion of the founding of tha first civil government west of the Rockle was hold at Champoeg. Friday, and many plonoor and icacendanta of early Bot tler were on hand. Tho notable fig ure at the meeting, a In year pat waa F. X. Matthleu. th only aurviv Ing member of the original Cham poeg convention which It wa de cided hy a -3te of 62 to 50 that "the Oregon country" ahould be a part of the t'nlted State and not a part o. the Uritlah poaeslon. Mr. Mattn leu wa one of the 62, and at Friday meeting told again the tory of the hlatorlc time when tho foundation for tho greatnes of tho prwent-day Pacific Northwest waa laid. DECISION OF PORTLAND, EUGENE A EASTERN R, R. TO BUILD ACROSS RIVER OUT PLAN! TO EMPLOY OVER 1500 MEN Modarn Railroad Repair and Con struction Htadquirtr Pltdgtd for Plateau Naar Span from Heart of Oregon City Much excitement ha been cauai-d about Oregon City during Uio Uat few daya by the rumor that the l'ort lund, Eugenr Eastern railroad haa definitely announced thnt I'a mum mouth car ahop will be located In Wont Oregon City. The IWllund Dally Examiner ilate that the announcement wa made of the new car barn the first putt of tho week. It say the temporary car shops will be located on the com pany's property at lleaverton, but that the permanent shops will be lo cated near Itolton. It has boon known In this city for some time that the car shop would he located In Weit Oregon City, at a distance about midway between the suapenalon bridge and tbo town of liolton. Twenty-four acres have been set aside for tbo ahopa, but It waa not thought tho new Industry would be on anything like at big a plan aa Is now planned. Tho main car ahop. machine shop, repair ahopa and paint shops will be located at this point on the main line of the railroad, which will have a four-track sys'em Into Portland. The plant will coat upward of $1,000. 000, and will employ between 1600 and 2000 men when It la completed and In operation. The plant will be by far the largeat and moat modern of Ita kind In the Northwest doing situated on tha main line of tho main lino of the company a aye tem and In the heart of the North weat. It I considered that a better location could not havo been chosen for the ahopa. The land on which they will be located la almoat level and Ilea on a plateau about 150 feet above the river. The fact that the present car ham are located at Heavorton will not In any way effect the erection of the Oregon City hop. A soon as tu6 Io.-i pianv i erected, the lleaverton ahopa will be moved, to thl city. Tie building which will be erocted at Oregon City will all be of an entirely fireproof and permanent nature, being of steel, brick and concrete. Tho ahopa. If erected here, will be a wonderful boon to Oregon City, em ploying at lenat 1500 men. This num ber of employees will bring about 6..00 people Into this city and the west aldo. who will be directly do pendent upon the shop for a living. They will also be a strong Incentive for other mnnufuetferles and Indus tries to come Into thl portion of the county. It will ho Imposlble to start work upon the proposed shops until work Is well underway uion the Port land, Eugene & EaBtern Hue. I " ' ' '" " " ----- - n ...-'''..! -i , - .' 1 . V- Y; : , ;; ''! 4 ' ,' , - 'I' . : - - . . . ' t I Frank Wntteman, mall carrier on rural route No. 2, who won the How ard automobile after alx months' of constante effort In Huntley Ilros'. re cent contest.! Mr. Wbiteman plans to use the Automobile In delivering l.'ncle Sam's! mall over his route when tho weather is good, and In this way expecta to materially Increaae tha efficiency of hla service. Friends rallied to bis aupport, and In the contest bo beat hla nearest compet itor by over 2,000,000 votes. WEST SIDE FOLK OUT OF 59 AT MEETING, 60 VOTE FOR INCORPORATION TWO CAST NO BALLOT POSITION OF: BIG MILLS OUTLINED B. T. McBaln Declare Corporations Will not Antagonize Plan Though Being Againat Increaaed Taxea Voting 50 to 7 In favor of Incor poration of 'he town of Sunset City, Willamette Height, Bolton and West Orecon City Th a new municipality. residents of the district effected met In the parlor of the Commercial, club Oreeon City Tuesday nlgbt to , further discuss the matter first aerl-j ously broached last week. There i were 59 qualified electors present all told, moat of whom were member of the West. Side Improvement club, but two of them cast no ballot. Much discussion of the matter was had durlug the evening, and practical ly every phase of the question was reviewed on the floor. The ame general opinion seemed to prevail as at the first meeting held, to the ef fect that consolidation and Incorpor ation would be the best way to gain needed utilities and Improvement without annexation to Oregon City proper. Among those who spoke at some length on the matter were B. T. McUaln, It. I-ytle, J. L. Snidow, K. (Continued on page 8.) FAVOR FREEDOM 111? REPORTED ATTEMPT AT BRIB ERY IN GAULT MURDER TRIAL TO BE PROBED COUNTY OFFICIALS MUCH ANCEPID Story Printed In Portland Paper Sub ject of Consideration by InquJs- Itor and District Attor neySeek Facts A "fake story'' aent to the Oregon Dally Journal, Portland, by one of it Oregon City correspondents, will in all probability be the basis of an in vestigation by the grand Jury or Clackamas county. The article, which was printed In Monday's edi tion of The Journal, let forth that "one or tha Jurymen, who did cot want hla name mentioned" bad been approached during the trial of Glenn Uault for first degree murder, and bad been promised a bribe If be would bold out for the prosecution. Subsequent Inquiry, both by county officials, member of the circuit court staff, and other, failed to reveal any bails for the article. In a private in terview the correspondent who sent In the story named one of the Juror a "the man be thought had been ap proached," and Sheriff E. T. Ma la'.er questioned thl Juror, who de nied all knowledge of any such offer ing or attempted offering of a bribe. Deputy District Attorney Stlpp haa taken tho matter up, and Wednesday night said that be thought 'Joe mat ter ought to be investigated by the grand Jury, which la now in aession. "If any bribe waa offered." said Mr. Stlpp. "It was the duty of the Juror approached to report the matter to the court. If no bribe was offered, and the report la purely a fake. It seem to mo that the author of the story ha been guilty of something closely akin to contempt of court The story casts a reflection upon the court, the Jury and the prosecution In the case, and I strongly feel that the matter ought to be Investigated. I w ill take the case up with the grand Jury, and I think, they wlU probably be Interested In it" The Juror who wa Implicated In the matter by the statement of the correspondent after the article ap peared is very Indignant that use of his name should have been made, even In informal discussion of the bribery story, and feels that hi rep utation has been impeached. The Juror In question is a man of excel lent standlss In the community, and nobody places any credence In the report that he would listen even to what might have been a poor attempt at a practical Joke, and not report the proceeding to the court. After investigating the report The Enterprise became Impressed with the fact that there was practical ly no basis of truth to the story, and printed it conclusions to this effect. Action of The Enterprise In denying the renort has received favorable comment from county officers, the Jurors in the case, and the circuit court Under the circumstance, however, the grand Jury Is said to be stronply In favor of going to the bot tom of the matter, and possibly ad vising punishment for the author of the cannard. U FRANCE TRIAL 10 BE HELD HERE? That J. C. LaFranoe, who waa ar rested in Coqullle Hay 26, charged defrauding Insurance companies and lodges out of $15,000 through aubatl tutlon of a body found in the Clack ama river for himself, may be tried in the Clackamas aounty court Is one of the possible outcomes of Inquiries made In the matter by Sheriff E. T. Mass and Coroner Wilson, who went tp Iortiand Sunday to talk the mat- j ter over with Multnomah county authorities, and to interview the prla- oner. It may develop that a the actual fraud itself was perpetrated by LaFrance in this county the case will have tp be heard here. Another aspect of the case In which the local officials ara interested Is where LaFrance obtained the body that he used in his swindle. In an In- tervlew with the sheriff and coroner; Sunday he is said to have told them that he obtained it from an Indian grave, but It la almost certain that the corpse was not that of a red man. Those who bave Investigated the case have a clue aa to the identity of the body, and expect shortly to have a complete line on LaFrance s ac tions at the time he was preparing for his crime. RECALL PETITIONS OUT; CRITICIZE TIMBER CRUISING Petitions are in circulation asking for the recall of County Judge Beatle and County Commissioner N. Blair. The petition are being put forth by the Bams Interests that have filed complaints with the Joint committee of citizens and Live Wires with re gard to conduct of county affairs, and charge that irregularities have been indulged In by the court in regard to cuonty bridge work. Complaint is also made of tlie fact that the county has entered into a contract with an outside firm to cruise Clackamas timber lands. The cruising of these lands has already produced figure which will Increase the assessed values of these holdings over 100 per cent In many instances, but no mention of this result is made in the complaint upon which the pe titions are based. RECORDER'S OFFICE Fees received by County Recorder Dedman for the filing and recording of deeds and other documents during the month of March amount ;d to $717.74. While this is not establish ing a record for the month, the amount is much larger than usual, and reflects much activity In real property and timber land in th coun ty. Many of the deeds filed were for small portions of large land holdings, and Indicate a general partitionlu of bisger properties and their sale to new settlers. Timber lands were unusually free in sale, and show that there is soon to be much cutting of prim timber in the county. Many right-of-way deeds were also recorded during tho past month, showing conclusive proof of railroad activity In the county. Owing to the fact that' many deds representing sales of property valued high in the thousands gave but "$10 and other considerations as tna amount paid, it is Impossible to st'- mate the actual cash value ot tne transfers. J. D. M1GKLE SENDS "The statutes regulating the manu facture and sale of butter provide for the branding of creamery butter, but not for the branding of dairy butter, except that each roll or square must be plainly marked '16 ounces, full weight" or ' 32 ounces full weight' We find some dairy butter that is not so marked, and we also find some that is short weight," says J. D. Mickle, state dairy commissioner. "We would be glad to hold the manufacturer responsible for the mis branding and also for the short weight but in the absence ot any name and address on the butter so as to postively identify the manufactur er we cannot do ao. The following ruling Is therefore made: "All dairy butter offered or expos ed tor sale will be considered mis branded if It doe not have plainly marked on each roll or square the words, "dairy butter, 16 ounces full welghtj or '32 ounces full weight," and tlfe name and address of the manufacturer. Any person offering or exposing for sale dairy butter not branded in compliance with this rul ing will be prosecuted nnder the statues provided for the branding of food product. Local enthusiasts who desire to re call certain of the county officers may find, provided they secure a sufficient number of algnature upon their pe titions to make It aeem evident that a recall Is desired by any substantial percent of the electors, that auch an election cannot legally be held In the state of Oregon. Startling aa thl possibility may seem, there Is a very grave doubt a to whether the recall amendment of the state constitution is operative, or even legal. In spite of the fact that under what were be lieved to be Its provisions, several re call elections have already been held. Investigation of the law leads many attorneys who bave looked Into the matter to believe that the amendment adopted by the people Is ineffectual, and that If Its wording were question ed and the matter taken before the supreme court, the Justices of that tribunal could not do otherwise than declare the measure inefficient and useless. The amendment as it read la not sufficient to make the recall of any officer possible until there shall have been enacted legislation In aid of the amendment The amendment by ita terms, ay that "there may be required twenty- five percent, but no more, of the num ber of elector to file their petitions demanding hi recall by the people." There 1 in the foregoing phrase nothing but a provision that "there may be required." Necessarily the re quirement must be by law either that of the legislative assembly or that of the people. No such legisla tion ba been had. There la another provision which makes legislation necessary, which Is as follows: "Such additional legisla tion as may aid the operatldn of this section shall be provided by the legis lative assembly." No such legisla tion haa been passed, J. E. Hedges, a local attorney who has, among others, been looking into the matter of the recall amendment comments on the above condition of affairs as follows: "Evidently the people In adopting the amendment with such language contained In It contemplated further legislation before the amendment should become operative. As far as $ have been able to determine, no such legislation haa been passed that makes the measure operative in this county." Investigators of the recall law as It stands today have also found that there is no provision in It for the payment of the costs of a special elec tion. Thus, under a strict Interpreta tion of the law, there Is no rsponsi bllity that can be fallen back upon by people who print ballots, and in case of dispute those ordering them print ed, or ordering any other expense in curred, might have to put up the costs themselves. There is no , pro vision in the law that definitely sets it forth as the duty of the connty to pay the costs of auch an election. This may have even more bearing on the local recall election than the other phases of the matter, for such an election would cost, as near as can be computed, from $5,000 to. $6,000. Former elections, at which only men voted, cost the county an average of $3,000 apiece; and with the women voting, as they now have a right to do, the cost would be practically doubled. HOOD RIVER FINDS FLAWS IN RECALL Following publication In Sunday's Enterprise of the opinion that the present recall amendment to .the constitution may be inefficient be cause no enabling act has been pass ed to make I provisions mandatory, attorneys. Interested In the locally threatened effort to recall two county officers are looking up the progress of a case brought upon the same points in regard to a recall election at Hood River. The Hood Elver case la still before the court. 8 and embraces one of the points brought to light locally that of the percentage of signatures that may be required upon a petition. The Hood River suit however, does not concern itself with the lack of pro vision for paying the expenses of such an election, aud should the abortive effort at recall In this coun ty eventually become sufficiently far advanced to make further testing of the law necessary, the point will prob ably be taken up here. As the law stands Interpreted at present, there Is no provision for paying the $5,000 which such an election would cost here. MILWAUKIE FARE FIGHT SOON TO BE CONCLUDED The matter of 5-cent fare between Mllwaukie and Portland is before the Supreme court of the United States and a decision Is expected In a short time. Final hearing was set for last Monday. Milwaukle won Its conten tions in all the lower courts. Proceedings are advancing for Im prooving Front street f"om the north to the south city limits. It Is hoped to get the contract let within a month. This street I 70 feet wide and will be paved for most of th distance. 'The cost will be about $20,000, although the official -estimate have not been completed.