Image provided by: Oregon City Public Library; Oregon City, OR
About Oregon City enterprise. (Oregon City, Or.) 1891-194? | View Entire Issue (April 3, 1914)
lull OKEGON CITY ENTEIRPlRDSEiiSPi arowlna County, OREGON CITY, OREGON, FKIDAY, APRIL 3, 1914. ESTABLISHED 1M f OBTY'IIOHTH YEAR No. 14. II HISTORY OF CLACKAMAS ROADS CLACKAMAS ROAD EXPENOI- 4. TUREB At Shown by Districts 4 District No. I I S3.82T 04 e Dlitrl.it No. t IK. 1 15.00 District No. 3 J3.M3.37 Illitrtct No. i 9,0(10.46 e District No. 6 33.134.43 District No. 13.901.03 District No. 7 33.311.(1 lil.iflrt No. I 9.I&061 District No. ,HM. 38 DUtrlot No. 10 Xb.l40.ti7 District No. 11 1C,.1930 0 Dlttrlct No. 13 13.23MI 4) District No. 13 19.7f.8 67 4 District No. 14 40.X37.40 District No. IS t4.K43.33 District No. 1 13.32D30 District No. 17 17.094.47 District No. 13 5,303 38 4 District No. 19 13.47162 District No. 20 17.793. District No. 31 20.CUI.13 District No, 28 23.9X4.13 District No. 23 1M08 9X District No. 34 11.175.93 District No. 3& 10.116.16 4 District No. 23 13.003.24 4 District No. 27 7.03.1.49 District No. 2R 61.974 .15 4 District No, 29 6.M5.10 District No. 80 15,67697 DIMrlct No, 81 ' 10.2XX 3 District No. 83 10.913.44 District No. 33 ' 39.399.37 District No. 84 63.HU OX District No. 88 6,6x 43 4 DlMtrlrt No. 36 8.733.06 Dlntrl.'t No. 37 12.124. IX Dlmrlct No. 38 23.340.34 Dlmrlct No. 39 36.271.14 Dlmrlct No. 40 7.992.21 Dlmrlct No. 41 10,846.38 DUIrlct Ni. 43 5.315 40 Dlmrlct No. 43 7.16X63 4 Dlmrlct No. 44 3.105 45 4 District No. 45 3.9S6 37 Dlmrlct No. 46 9.916.11 t Dlmrlct No. 47 21.19X S4 4 Dlmrlct No. 4X 3.6'.9 .60 Dlmrlct No. 49 18.61X 00 Dlmrlct No, 60 4.0KU2I 4 Dlmrlct No. U. 14.796 33 Dlmrlct No. 63 4.0.16.70 Dlmrlct No. 63 1.9X1 K4 4 Dlmrlct No. 54 5.4.13 60 Dlmrlct No. 65 9.301.03 4 4 Total ilnce 1!W7...$ 9:11.271.07-4 DISTRICT NO. 48 Dlalrlct No. 48 was created only four years ago and consequently hua but four year of road lilmory, thotiith formerly It waa art of one of the larte districts out In the Bandy coun try. Tha dlatrlct beatus lust aliout one-half nil 1" ram or Sandy, runi aouth for 1 miles, thence cast one mile, aouth one-half mile. east IVi mllea, thence north 3 mllea and thence went atioui mllea, north one-hulf mile, and thence In a northwesterly direct to the beginning point. In all there are perhaps t aquare miloe In which there are 74 miles of high ways. The dlatrlct In 18 miles raat and a llttl north of Orexon City. Expenditures ilnce tha creation of tha dlalrlct have been aa fullowa: Regular Special 1910 $1,233.77 t 1911 1,023.61 1912 1X2.15 392.00 1913 350.25 617.82 t2.6X9.6X $909.82 t 909.82 Total $3,599.60 Itoads today In No. 48 are about aa followa: Crushed rock, mllea 0 Gravel, mllea 0 Plank, mllea 34 Dirt, mllea f....4 Total, mllea 7 During 1913 1 mllea of plank Mad were built, thouKh tha figures ahow that tmt little over $760 waa spent dur ing that year In the entire district. The assessed valuation waa a little ovr 1 1 9.0(i0. and the dlatrlct waa en titled to but $104.00 aa tta proport Inn ate share for that year. During 1910 John Knlaackur super vised Uie road work In dlmrlct No. 48; James DcHhazer had charge In 1911, 19)2 and 1913. : DISTRICT NO. 49 Way out In enatern Clackamas coun ty, with Ita western boundary line just eat of Cazn.lero lies district No. 49. It Is one of the large districts of the county, including all the vaat territory lying between Kagle Ciwk on the north and the Clackamas river on the south, embracing probably over 60 square mllea, and including a large aectlon of the forest reserve, Gar field lies near the north boundary line and In the district. Ita northwest cor ner la 16 mllea east and 7 miles south of Oregon City. No. 49 waa created four years ago ov,; of one of the enormous districts In r ifern Clackamas, and alnce Its crea i i. has expended $18,618.00 In an ef 1 to build roads. Today there are ' miles of highways within its. k liirlcs, many of which, however, Hi In the old district before No. 9 1 organized. 1 tr. ii are as followa alnca No. 49 can...- Jnto existence: i Regular Bpeclal l"10 $ 1,405.00 4X0.15 194 1.691.35 J.773.14 " 1 SQQ 01 1913 1 3,007.63 4,121.65 Total $ 8,003.79 $10,614.21 $10,614.21 Z'',n $18,6U.OO Boma expenditure, that, for a dis trict four years of age. Dut note the condition,, of the roads aa they were January 1, 19H; Crushed rock, miles . U Gravel, miles Flank, miles '. Din, mile ,.!!!!!!!!!! .22 Total, mllea 24 Incidentally tha one-half mile of , ' d "ock waa built during the year 131 1. 1 t assessed valuation In 1913 waa 4.60. The districts shara of the ' y road funds amounted to $3, . --lthough considerably mora t 'i this amount waa expended. '.. T. Hunt haa beep supervisor In s i.istrtct continuously alnca 1910. DISTRICT NO. BO. Dlmrlct No. 60 lies north and (taut of Clnnkama. Ita southwestern corner la Jnat about on mile east of (hut place anil the district continues east wnrd about two and one half nillci and northward for one and one fourth mllea and In soma places one and three fourtha miles. Thr are not more than 1 square mllua within the dis trict's boundarlea. There are hut aevin mllea of roada In No. 60, mom of which however were built prior to the creation of No. 50 four years ago. Expenditures since 1910 have boon ai fullowa: Itagtilar Special 1910 t 821.60 1911 1.236.61 909.16 I3 t 609.43 1913 603.42 Total .13,171.06 909.15 1909.15 Total $4,0X0.21 Roada today In No, 60 are as fol lows: Crushed rock, miles . ,i 8 Gravel, miles 2 risnk, miles 0 Dirt, miles 2 Total, mile 7 Thla la a very fair record from the standpoint of mileage In Improved roads, but It must be remembered that most of thi ne 7 mllea of roads were built when No. 60 waa part of a larg er district out In this part of the coun ty. Therefore It cannot be accumed that the $1,0X0 21 spent In four years Is responsible for all of the Improved hlKhways In this district. TheaHseased valuation lant year waa but little over $13,000 and the dis trict's share of the county road money wus ubout $.'i00 or maybu a lutl more than that amount. One siiectal levy has been levied by the people of the dintrlct and that lu 1911, amounting to $909.15. Mr. J. I'. Davis aiiervlse.l the dis trict In 1910, 1911; and K. V. Townsend In 1912 and 1913. DISTRICT NO. 51 Dlatrlct No. 61 Is located out eaat of Damascus about one-half mile run ning north to the Multnomah county line and westward to the O. W. 1. tracks. Its koutherly boundary Is per haps a mile below Damascus. The town of llorlng Is located near the east boundury line of this district No. 61 was created four years ago out of one of the larger and older dla- j inria oi ins rouniy. Bun iirh, sim-n us creation, spent the sum of $14,796.33 In an effort to provide a system of good roads for tha iieople living with in Its boundaries. More than one-half of thla amount, or $7,610.68 waa raised by special levy. Figures aa shown by the county records are as follows: Regular Special 1910 $ 1.262.31 $ 1911 2,697.30 1912 1,975.15 4,266.80 1913 I,3o0.89 3,343.88 $ 7.185.65 $7,610.68 $ 7,610.68 Total $14,796.33 Road conditions In district No. 51 are, or at least were, at the first of the year, 1914, as follows: Crushed rock, miles 2 Gravel, miles 4 flunk, miles 0 Dirt, miles 16 Total, mllea 22 In 1913 under an expenditure of about $4,600, the district built one mile of gravel roada and laid 1200 yards of rock. The assessed valuation waa over $439,000 and the district waa ap portioned about $2,000 aa Ita share of the county road money. For some reason, probably because Its appor tionment had been exceeded in pre vious year or years, No. 61 only spent $l..iri0.00 under Its general fund dur ing 1913. Uver $3,000 waa added to this amount by special levy however. J. E. Heifer supervised this district In 1910, 1911, 1912 and A. U lleacock waa the man behind tha guns last year. DISTRICTS NO. 52 AND 63 Districts No. 52 and 63 have but three years of road history, for pre vious to 1911 they comprised parts of older district of the county. No. 52 begins about three mllea east of Mil- waukle, runs east for about three miles and south for about 1 H mllea from the Multnomah county line In township 1 8.. R. 2 E. District No. 63 begins about 2H miles west of Molalla or aliout 14 miles aouth of Oregon City and comprises about seven square miles In township 6 8., R. 1 E. In sections 13, 14, 23, 24, 26, 25 and parts of 35 and 36. Expenditures in 62 have been as tol krws: Regular Special 1911 $ 7X7.75 $ 1912 470.88 1,119.85 1913 603.70 1,164.65 $1,762.30 $2,274.40 $2,274.40 Total $4,036.70 Roads in No. 62 today are about aa followa: Total mllea, road, 10; crushed rock, 1; gravel, 3-4; plank, 40 rods; dirt, 8H miles. One mile of crushed rock waa built In 1913 and M mile of gravel. The aasessed valua tion last year was $121,699.36. and $470.00 waa Ita apportionment for the year. Mr. H. P. Kanne haa been the supervisor continuously alnca tha for mation of the district District No. 63 has expended a fol lows: 1911 $ 699.08 1912 444.60 1913 840.66 Total alnca 1911 $1,983.84 According to the records No. 53 haa road aystem about aa followa: Total mllea, 13; crushed rock, mllea, 0; gravel, 100 yard; plank, mllea, S; dirt, 11 3-4 mllea. In 1913 no pravel. plank or rock roada were built. The as sessed valuation laat year waa about $120,000, under which No. 63 waa al lowed to spend aa Ita share about $440. Thla amount was somewhat exceeded. (Continued oa Page 4.) GOVERNMENT WINS IN PHONE SUIT COMPETITION ORDERED IN ALL Or THE NORTHWESTERN STATES BY DECREE PUBLIC BETTERED SAYS JUDGE BEAN Dafsndant Concerns Agree to Daclslon Entsrtd by Fsderal Judge Rate Discrimination Is Now Barrad PORTLAND, Ore., Mar. 26. Compe tition In the telephone business of the Pacific northwest Is arbitrarily order ed restored, and government regula tion of such business Is Insured, by a decree entered yesterday In United Htates district court by Judge Robert 8. Dean. The defendants In tha suit, brought last July under the Rhorman anti-trust law, by United Htates Dla trlct Attorney Reames, are perpetually enjoined from creating a condition that will Interfere with competition. The defendants were the American Telephone t Telegraph company and Its subsidiary companies, the North western Telephone company, owing competing long-dlatance lines from Port Angeles, Wash., to Corvallls. Or.; the Interstate Telephone company, owning competing long-distance lines from Spokane easterly In northern Idaho; the Home Telephone company of Hpoknue, and small companies op erating competing exchanges at Se attle, Tacoma and liellingbam, Wash. The decree represents an uncon ditional surrender on the part of the all. f .-.I telephone trustee to the de mands of the government. It was en tered after each of tho 42 defendants to the suit, comprising officers, direc tors and legal representatives of the defendant companies, had voluntarily agreed to Its terms. "It Is believed that the public in terest will be served by the adjust ment of this controversy," said Judge I lean lu outlining the consent and stip ulation of the defendanta to the do cress, "and to that end the defendants are willing as to the matters Involved to submit to a decree requiring them to comply with tha law aa interpreted by the attorney general. It Is also mentioned by Judge Dean that the defendants "asserted that the acta complained of In the govern ment's petition were done by them In the belief that they were lawful acta. TRUE TO WILSON PRESIDENT WINS OPENING 8MR. MISH OF LEGISLATIVE BATTLE FEELING IS AT A HIGH PITCH Nothing to Compare With Scent Has Occurred 8lnc Cannon Rules Fight Four Years Ago In Congress. WASHINGTON. March 27. Presi dent Wilson won the opening Bklrmish of the greatest legislative battle of his admliilHtratlon today when the house. over bitter protests from the recog nized Democratic leaders and almost solid minority opposition, adopted a special rule for the consideration of the bill repealing the provision of the Panama canal act exempting coast wise American ships from tolls. Speaker Mark. Democratic Leader I'nderwood, Republican Leader Mann and Progressive leader Murdock were at the head of those lined up against the administration, but the house re sponded to the president's personal ap peal for prompt consideration of tho repeal bill as a means of supporting. his administration's foreign policy. Two votes demonstrated the presi dent's commanding Influence with his party In congress. On the first test a motion to end debate and preclude amendment on the rule waa carried by a vote of 207 to 176; the rule Itself waa adopted 200 to 172. Nothing to compare with the scene today had occurred in the house since the famous Cannon rules fight four years ago. In vain Representative I'nderwood took the floor of tha house and urged his colleagues to vote against the rule. The rank and the Democrats, after listening to three hours of passionate argument, swung Into the president's column, 199 of them voting to prevent the amendment of the special rule, while only 55 fol lowed tha leaders in Joining with tha minority in opposition. GIRL DEAD, STATE SALEM, Ore, April 1. County Judge Ilushey Is trying to find the par ents of Gladys Johnson, 15 yeara old, who died late laat night at tba State Insane asylum. The girl waa committed from Park Place six years ago, her parents being Mr. and Mrs. P. H. Johnson. She was cared for aeveral yeara at tha feeble minded Institute and for year or two her parent Inquired regularly about her. However, they finally seemed to bava lost Intereat In her, and letters written by Superintendent Thompson to them war returned. DEMOCRATS ARE WILL AID ROADS DAY SALEM, Ore., March 31 In con nection with the movement to observe April 25 aa good roads day throughout Oregon, State School BuixTintendent A. Churchill la sending out tetters can ing upon all tha county superintend ents to use their best efforts to get the school children In every district to drag tha main road between school bonnes on that ay. ri.ia I. nt nun fature of a nrorram suggested by Superintendent Churchill , inM,u Ininmiit in food roads and turn It to practical ua. Mr. Church- Ill la ona or tnrea appoiniea ny me inrtiunl A,1 rluh u m. committee to assist In perfecting an organization that would make gooa roaas nay pro- rfnntlv nt tha heat results. The oth er two members are Superintendent I R. Alderman and O. M. Plummer of Portland. 'EVlln v aaaurMt nf Vour Conner- Hon," aalys Superintendent Churchill In bis letter to county eupennienaems "I am suggesting that through the xhnnta w heirln now to DrcDare to do our part In observing the day by In terestng the teachers and the children. I have roughly outlined the billowing, which I hope will be suggestive In bringing about tha aesirca results: "Crania nrrmnr sentiment through newspspera. Send letter to teachers requesting cooperation, nave me children Interest their parents in the inv.mnnl AmnffA f flT hnitwr liter- ature to be distributed to teachers and pupils. Emphasize importance oi gooa mini,, riav thrnnirh the Iniieiuige les son. I'se drag and traders on roads April Z&. JAY H. UPTON IS T SIMILARITY IN NAMES OF TWO PORTLAND ATTORNEYS CAUSE CONFUSION ONE IS A MEMBER OF LEGISLATURE Lawyer in Chamber of Commerce Building Confounded With An other In Story Printed Last December. Jay H. 1'pton, a weM known Port land attorney and a member of the Oregon legislature, with offices In the Chamber of Commerce building at Portland. Is altogether a different man than Robert J. I'pton, also a Portland attorney with offices in the Fenton building. Last December the Morn ing Enterprise printed a story, emanating from William M. Stone, of the local law firm of Brownell Stone, to the effect that "J. Upton" had been made the defendant In a suit Instituted by Mrs. Bell Ilrownrigg. in which Mr. I'pton waa charged with fraud and deceit and involving the possession of 62 acres of land In Clackamas county. Mr. Stone acted Innocently in the matter, aa Mrs. Brownrigg, who had previously been a client of his firm bad referred to Upton aa "J. Upton" its was supposed by Mr. Stone that there waa but one Attorney Upton, and he so conveyed the information to the Enterprise reporter, who acted In good faith In printing the story upon the Information furnished by Mr. Stone. It now appears that a grave injus tice waa done to Attorney Jay H. Up ton in getting him confounded with Robert J. Upton. The former Mr. Up ton Uvea near Gladstone where he has a tract of several acres and tha pub lication of the story involving him in a case In which he had no Interest hag caused a number of people, not fa miliar with the facts In the matter, to rgard him with unjust suspicion. The above statement Is made to cor rect the impression conveyed unwit tingly but erroneously as to the Ident ity of the two attorneys. Mrs, Brown rigg haa had no business relations with Jay H. Upton, v. ho haa absolute ly no Interest, ono way or the other. In the legal complications between her and Robert J. Upton. Robert J. Upton is not and haa not been a member of tne Oregon legisla ture. ROBBERS THE SAME, VERDICT OF SHERIFFS After carefully checking over the detaila of the postoffice robberies at Marquam and at Corvallia, Sheriff E. T. Masa and Sheriff Gellatly, of Ben ton cauntv. came to the conclusion Sunday afternoon at a conference of the two officials that both crimes were committed by the same men. It Is thought that each gang consisted of three men and a thorough atudy of their methods show a Strang similar ity. Several minor featurea would In dicate that the two robberies were dona by tha aame gangs. THE OREGON CITY LOCKS WASHINGTON, Mar. 31. Tha question of title to the Oregon City locks is before the attorney general. Anxiety is reported in Oregon over the delay, and sena- tors Chamberlain and Lane are trying to have tha government hasten action so that tha lockj may be opened for free tranapor- tatlon. ROBT UPTON POSTOfflCE AT MARQUAM LOOTED ALL DAY SEARCH BY SHERIFF MASS FAILS TO LOCATE ROBBERS 5700 IN CASH IS TAKEN BY MEN Officials Bsllevs Thlevts Took Train at Ml Angel Safe Broken Open With Hammer and Taka Contents No clues were discovered of the rob bers who broke In the Marquam post office by Sheriff Masa who spent all day Friday In search of tha two. The official believes that the men who rob bed the postoffice safe at Marquam are tha aame who recently ramsacked the Corvallls office and made a suc cessful escape. The robbers removed the safe of the postoffice at Marquam which Is lo cated about 23 mllea south of Oregon City, to Mott's blacksmith shop where they broke It open with a hammer and secured about $700 In cash and large quantity of stamps. They also pried open the back door of the Wilson Mer cantile company store at Marquam and blew open the aafe with nltro glycer ine, obtaining two watches and a lot of cheques, totaling about $1500 In value. 8ome of the cheques were In dorsed but tbey had been listed by S. S. Williams, the manager of the store and notices were sent to all the banks on which they were drawn early Friday momlng. The robbery occurred some time af ter midnight. At 6:30 o'clock Friday morning J. C. Marquam, the pout mas ter. oened his office and found that the aafe had been removed. The sheriffs office was notified as early as possible and Sheriff Mass hurried to the scene of the crime in an automobile. He spent all Friday at Marquam in an effort to find a clue which would lead to the locating of the men who performed the crime. It Is thought by residents of the Mar quam districts that two roughly dressed men who were seen hanging around the town were the ones who robbed the office. Sheriff Mass be lieves that the men went to Mt. Angel and caught a train at that town and are now in some other part of the atate. AT EAIR IS PLAN SECRETARY M. J. LEE BELIEVES THAT AUTO CONTESTS WOULD BE BETTER DID NOT PAY LAST YEAR, HE SAYS Official of Association Will Make Recommendation at Meeting of Stockholders Week From Wednesday Stockholders of the Clackamas Coun ty Fair association at a special meet ing to be held in Oregon City Wednes day. April 8. will probably pass upon a recommendation that Secretary M. J. Lee Indicated today he would make to abolish the horse racing program as an annual feature of the fair and sub stitute automobile and motorcycle races and other features that he be lieves will be equally aa attractive. "For several years we have hung up several hundred dollars In purses tor horse races," said Mr. Je, "and we have seen some very tame contests. It has been persistently reported that the races have been cut and dried af fairs and that the money has -been split. Very few of the county fairs In the northwest have horse races-that amount to anything aa entertainment features and I think we shall cut them out. and I propose to put the whole matter up to the stockholders and di rectors of the association. iMt year we hung up purses that totaled about $900 and we did not get our money s worth. 'The Clackamas County Fair is maintained by the people of this coun ty, aside from the appropriation we receive from the atate, and the peo ple are entitled to a good show that will be clean beyond the shadow of a doubt" September 16 has been named as the date for the opening or tne 114 county fair, which will be in session four days. Mr. Lea will also recom mend to the directors of the associa tion that all Clackamas county school children be admitted to the fair free during the entire session. It has been the custom to admit them free for one day only, but Mr. Lee aaya tha num ber of paid admissions from children during the fair is a small Item. FISHERMAN ARRESTED FOR USING NETS FOR SALMON Charged with fishing for salmon with a net between March 1 and May 1, Charles Gates was arrested upon a complaint sworn out by Warden Bert Jewell and taken before the Justice court Wednesday. He entered a plea of not guilty and his case was set for Monday morning at 10 o clock. YESTERDAY'S RE8ULTS At Sacramento Portland 1, Sacra mento 0. At San Francisco San Francisco 7, Venice 4. At Los Angeles Los Angeles 2, Oak land 0. NO HORSE RACES T CHANCE ON PENALTY OVER 27,0OO COMES. IN TO COUN TY MONDAY EXCLUDING MAIL PAYMENTS That the taxyaera of Clackamas county are not going to take a chance on tha ruling of the higher court on the tax penalty law la evidenced by tha number who have settled their bill with the county. Monday over $27,000 waa received by Treasurer Tufta from the taxes paid at the court house. All mail which tuts come to that depart ment has not been opened due to the lack of time and It la probably that aeveral daya will be required to com plete tha work. "The people of the county seem to feel that It is better to pay their taxes now and not take a chance that the penalty ruling will be declared In valid." said Mr. Tufts Tuesday. "Mon ey la coming into our office at a record rate, as if the ruling bad never been made." SALEM, Ore.. March 31. No appeal from Judge Cleeton's decision holding the 1 per cent per month interest on deferred second half tax payments in valid, can be taken by the atate, ac cording to an opinion rendered to the state tax commission by the attorney general. . He advised that as the state waa not a party to the suit In the lower court it could take no action for an appeal. He said the suit was an affair between a private taxpayer and the county officials of Multnomah, and that neither the state nor any state official was concerned In any way in the prooceedings. LOCAL OFFICIALS TO OBEY TAX LAW COUNTY TREASURER TUFTS OUT LINES POLICY REGARDING RECENT DECISION NO OFFICIAL NOTICE RECEIVED HERE That Property Owners Are Forced Taka Chance, Opolnion of Of ficials Clackamas Is Financially Safe to "All tax collecting in Clackamas county will be made aa If the recent ruling by Judge Cleeton bad not been announced. I have received no offi cial nojtce to obey the decision and will continue to collect taxes with the penalty as the law provides until pro ceedings are commenced against me and the court upholds the plainiff or until I am officially notified." This Is the policy which County Treasurer J. A. Tufta will follow as outlined Monday. The monthly inter est penalty, prescribed by the last fegislature, begins April 1, which Is Wednesday of this week. The law provides that a penalty of one per cent a month shall be levied against taxes not paid April 1. The Portland Judge decided against the law March 24 in a test case brought by the Portland Taxpayers league against Multnomah county. Treasurer Tufta further said that all he had learned of the ruling was through the newspapers and that he would be forced to comply with the law until officially notified to do oth erwise. It is the general opinion among at torney and county and state officials that the property owner is forced to take a charge in the matter regardless of how the final decision is made. If a taxpayer should pay his taxes with the penalty added and the higher court should declare the penalty In valid, it would probably mean a loss of the interest to the taxpayer. On the otherhand, if the property owner should wait until the higher court had reached a decision before paying his taxes and the final decision in the matter should be that the law was le gal, the taxpayer would be forced to pay his taxes with the added penalty.' The effect of the law on the taxpay ers is uncertain. It is considered prob able by many that taxpaying will stop to all practical purposes until the state supreme court renders a decision. In case this is right, and money ceases to come into the county treasurer, Clack amas county will probably not be fi nancially embarrassed as it has been predicted by the officials of other counties in the state, according to one of the higher officials. Clackamas county, he said, has enough, money at the present time to meet its obltcatlon to the state and continue the enter prises under way without stopping providing the final decision is not too slow in coming. BUILD BRANCH HERE Plans have been completed by W. H. Lucke, a Canby commission merchant. to build a warehouse in Oregon City on the intersection of tha tracks of the Southern Pacific with Eleventh street The building will probably ee one story high but have consid erable floor space. The land on which It is planned to erect tha structure has been leased from F. C. Burke, At council meeting Wednesday even ing a petition was introduced by Mr. Lucke asking for a permit to construct a siding from tha tracks of tha South ern Pacific to tha site of the wi house and was referred to a commit tee). El aa a 4fc mm NC AID t BEFORE BOARD ACCUSING PHYSICIANS ADMIT CASES WERE TO "TEST" OR. VAN BRAKLE PRESIDING DOCTOR KILLS OBJECTIONS 8 tat Board Would Not Answer Let ts rs or Glva Him Aid, Says County Health Officer On Stand Testimony was taken In the Van Rrakle case Tuesday evening before three members of the state board of health. Dr. E. A. Pierce presiding. Tha case will be argued before the entire board in Portland Tuesday, March 7. With but one or two exceptions, ev ery physician In Oregon City was pres ent at the hearing and six took the witness stand. The court room was ell filled. It was predicted by the defendant doctor that startling evidence would be Introduced to show that the charges were "frame-upa" but only once or twice did the evidence Introduced be come tho slightest bit sensatlonanl, and then when Dr. Van Rrakle was testifying in his own defense. The greater part of the evening was taken up by Attorney C. D. Latourette who psesented the cast against me health officer. This side introduced six doctors, including Dr. Van Brakle with the consent of his attorneys and examined two men who were men tioned in the complaint All Objections Overruled. The first move made by the attorneys m the defense of Dr. Van Brakle was a protest to the bearing on the grounds that no action could be taken without all of the members of the board being present at the session. This waa over ruled by Dr. Pierce who claimed that a quorum of the members were there and that their object was merely to take the testimony and not to render a verdict The next claim made by the accused doctor's attorneys was that the board could not swear in wit nesses and that merely taking an oath with a notary public would not be suf ficient. The chairman ruled that a notary would swear in witnesses. The third and last objection made by the defense was that the complaint does not state upon what charge the board can remove the health officer. This too. was overruled. It is probable that the attorneys for the defense will base their argument on this claim in the future. If they can win the point, the case would be taken from the board until a new com plaint could be prepared and served. O. M. Smith First Witness. The first witness called was O. M. Smith who went to the office of Dr. Van Brakle to be examined October 9, 1913. He said that the doctor exam ined him and said that he was threat ened with bronchitis but told him to come again the next day so that a def inite decision could be reached. From Dr. Van Brakle'e office, Smith went to M. C. Strickland and that after an ex amination Stickland declared that he had typhoid. Doctors Guy Mount, H. S. Mount. C. A. Melssner, W. E. Hemp stead and W. C. Schultze each exam ined him and each decided that he was suffering from typhoid. His testimony was later colaborated by each of the doctors excepting Dr. Schultxe. The second witness was Frank Kob- lolch who he said visited the office of Dr. Van Brakle to receive treatment and examination from him. The doc tor, he said, examined him. "mass aged" him, and told him that he had a sore throat with a possibility of ton sllltls. From Dr. Van Brakle he went to Dr. Strickland and was examined by him with the result that Dr. Strickland announced that he had an attack of dypthaeria. A number of other physi cians were called and each examined him, he said, and found that Dr. Strick land was correct This point was later verified by other physicians on the witness stand. Case of Child Brought In. The third case, that of the 16 month old son of Mr. and Mrs. J. R. Alexan der, of Concord, is the one in which the defense will probably put In its strongest claim of "frame-up." From the testimony of Dr. Guy Mount he was called to attend the case of the child October 15 and found the baby in a serious condition. Dr. Mount stated that he assertained himself that the In fant bad an attack of typhoid and that when he went to Oregon City, secured an anti-toxin and administered it the same evening. The next day he noti fied Dr. Van Brakle that the child waa 111 and gave the address, but did not tell either of his treatment or the na ture of the disease. The health offi cer Mated the child, and sent disease culture to the state board of health in Portland. The board, after an exam ination, returned the cultures and said that they were free from any trace of typhoid, according to the testimony of Dr. Van Brakle later in the trial. The father of the Infant asked to have the quarantine removed. Van Brakle granted the request. He claims that the report of the atate board of health he waa competed to do ro. Admit Cases Were Tests. Tha defense attempted to show by cross examination of the witness that the three cases were prepared by the doctors. Dr. Strickland admitted that he sent Smith and Klobleich to Van Brakle merely to see what "the county health officer knew." Dr. Guy Mount said at one time, "Wa merely wanted to see If Van Brakle was all right" Probably the most sensational piece of testimony which was Introduced at tha hearing was that of Dr. Van Brakle himself when he todl of an alleged con versation between Dr. Guy Mount and himself. Ha said: "On December 12. Mr. Mount and I were coming home on the car from a trip to Oladstone when Dr. Mount said, 1 am sorry I was mixed up In this Alexander case. Ton couldnt ret a correct diagnosis under those conddUons. I am coins; (Continued on Page 4).