3SG0M
CITY
33d Year
OREGON CITY, OREGON, THURSDAY, OCTOBER 28, 1915
Number 32
01
COURIER
OREGON CITY TO
BLAME, PERHAPS?
WRITER DISCUSSES THE SITU
ATION REGARDING THE
W. V. S. SERVICE
COUNTY SEAT IS CENSURED '
Mulino Man Says Opposition to Road
and Farmers Caused Thru Traf
fic to Portland Terminal
The Courier has received two let
ters from a gentleman at Mulino, and
while one of them was not intended
for publication, there appear to be
reasons why it should not be withheld
from publicity. The letters are as
follows:
Editor, Courier: I am enclosing
an article for publication which I
have signed and stand sponsor for.
You probably will not like it, but I
hope you are fair-minded enough to
publish it, as it only- states facts.
"Vou have inflicted us with columns
of Stark's stuff and others, so would
like to have this much space.
CLAUDE HOWARD.
P. S. I agree' with much that
Stark says, just the same!
Editor, Courier: I wish to say
that I and a number of other people
take exception to an article that ap
peared in last week's Courier, criticiz
ing the Willamette Valley Southern
railway because they have established
a service through to Portland. What
gets my goat in particular is calling
the Southern Pacific a real railroad,
and the W. V. S. train a "dinky one.''
The Willamette Valley Southern is as
far ahead of the Southern Pacific as
a Jersey cow is better than a grizzly
bear, although the bear is bigger.
I would like to call your attention
to the fact that the Southern Pacific
knocked out the Waldron mail stage
from Oregon City and planned to take
the business of the. Molalla valley to
Canby and later whisk it through to
Portland on the west side of the Wil
lamette river. Furthermore, Oregon
City is, and -never will be, anything
but a way station for the Southern
Pacific. The people would like to
ride nearer the business section of
Oregon City on the W. V. S. and I
think the directors would have liked
to have their depot nearer the busi
ness section also.
They had planned to get logs to
Oregon City so that a saw mill could
be started there, and of course would
have had a place on the river to un
load them. I need not repeat the his
tory of their attempt to get a fran
chise on Water street for two blocks.
Nobody supposed that any property
owners had any title to the bottom of
the Willamette. I personally heard of
one of these property owners say he
would take $3,000 for all of his prop
erty along the river at that ponit, yet
when the Supreme Court decided that
tlje bottom of he river belonged to the
adjoining property owners, this man
claimed $10,000 damages.
I cite these points to show that the
W. V. S. has not turned Oregon City
down they simply could not get into
your town. We people are familiar
with the fact that most Oregon City
business men refused to invest a dol
lar in the W. V. S., and others only
subscribed very small amounts. E
cepting Judge Dimick and a few more
of the directors, little Mulino sub
scribed more stock than all of Ore
gon City.
Then I might mention that Oregon
City man who, finding the W. V. S.
had an option on some property at a
low figure and was unable at that time
to raise the price, went to the direct
ors and gave his word of honor that
he would buy it for them and sell it
to them when they were able to pay
for k-.at the original price, plus six
percent interest for the use of his
money. And then, when the company
accepted him, supposing the offer was
made in good faith, and a year or
two later presented the price, this
man, who has been a member of your
city government, asked them seven
times the amount he had paid for it.
And there is the Oregon City finan
cier who went out in the Molalla coun
try and advised the farmers not to
invest in W. V. S. stock and threaten
ed some with foreclosure if they did,
and others opposed it in various ways.
We want the through trains to
Portland because we want to get into
the public markets there in the hope
that perhaps we can sell some of our
produce there at a living price. Your
Oregon City dealers refuse to buy our
produce entirely, or beat us down way
below market price. I have had some
produce to sell in Oregon City for the
last four years; since I have been in
the greenhouse business, and I have
found that most of the dealers re
fuse to buy at all, and the remainder
will buy only when I cut the price to
about one-half what the quotations are
in Portland. I have twice dumped
fine lettuce in the Willamette when
every store in Oregon City was buy
ing from the Chinamen or handling
Los Angeles lettuce.
Then your local money loaners are
refusing to let the people have any
money to develop Clackamas county,
TRUST" FOE
OF FREE
IN SPITE OF IMMENSE PROFITS,
FIRMS IN AMMUNITION
RING PAY POOR WAGES
EIGHT HOUR DAY NOT KNOWN
Congressman Tavenner Goes into De
tails Regarding the Manner in
Which Steel Firms Act
As a sequel to someof the revela
tions regarding the business methods
of the "armor ring" and the "mun
itions trust,'' which Congressman
Clyde H. Tavenner, of Illinois, ha3
been giving readers of the Courier for
some time past, this week light is shed
upon the manner in which these big
concerns treat their employees. In
view of vast profits which they make
from government contracts, the treat
ment accorded those who work for
them is of some general interest. Com
menting on this Mi-. Tavenner says:
"The concerns comprising the Ar
mor ring are notorious as being a-
mong the most bitter, enemies of or
ganized labor in the United States,
and reports following investigations
of conditions in the plants reveal that
they are cruel and inhuman in their
treatment of unorganized labor. Is
this language too strong? The find
ings of the investigating committees
themselves will afford the best answer
to this query.
"Avsurvey of living conditions in
Pittsburgh was made in 1909 by the
Sage Foundation under the direction
of especially qualified investigators,
who collected their material at first
hand in the mill and in the home. It
had from first to last the hearty sup
port of such prominent citizens, of
Pittsburgh as Mayor Geo. W. Guth
rie; President H. D. W. English, of
the Civic Improvement Commission;
Judge Joseph Bufflington, of the Unit
ed States circuit court; and W. H.
Matthews of the famous Kingsley
House.
"Edwin Bjorkman, a magazine writ
er, was furnished with the material
gathered by the foundation and pre
sented its findings in condensed form
in the World's Work for April, 1909.
I quote the following from Mr. Bjork
man'a resume of the Sage Foundation
report:
"The Carnegie Steel Company em
ploys about 23000 workers within the
district. Concerning the foreign born
among these, some very instructive
statistics . are available. They num
ber in all 17,340, or three workers out
of four in tfie whole force. Together
they represent more than twenty dis
tinct nationalties most of which em
brace from 3 to 20 racial or lingual
subdivisions. Considering only the
predominant elements, we find 14,000
Austrians, Hungarians, Italians and
Russians,. . . .among every hundred
or two there are 82 unskilled, 15 semi
skilled, and only three skilled work
ers. ..
"Mentally they rank low. Educa
tion or training they have none. But
morally they can hardly be called un
desirable. They prove submissive,
dependable, willing vorkers, who nev
er dream of questioning the desir
ability or the dignity of the task as
signed to them, and who are rendered
oblivious to danger by their ignor
ance. Having worked 14' to 16 hours
a day in their native countries, and
having been paid from 25 to 50 cents
for such slavery they think little of
working 12 hours a day and find a
fortune in $2 thus earned.
"To the English-speaking people
these men with unpronouncable names
and strange ways are just "Hunkies"
dumb, dull, driven brutes, so utter-
continued on Page 8)
I know a man who needs a small sum
of money to repair some property he
owns, which is necessary for him to
have a job the coming winter. He
has been without work all summer and
has been in need of food, clothes and
medical attendance. He tried all
summer to get a loan in your town,
offering as security good property
about ten times the amount wanted.
All of it would have been spent in
Oregon City, some to pay debts owed
to merchants there. As to the ques
tion of security, all kinds are turned
down as many persons testify.
This touches the real reason why
your business men are not getting the
business. It is not because they are
going to Portland more than usual,
but because the people are not going
anywhere and they have no money to
buy with and cannot get any. In con
clusion I will say that the W. V. S.
established the through service to
Portland because they could get more
business that way; and they are em
ploying as few men as possible be
cause they must at the present time
We prefer to trade in Oregon City if
we can, and this letter is written in all
due friendliness to your town in the
hope that a change for the better will
be made by your business men; and
then you cannot complain about lack
of trade.
CLAUDE HOWARD.
tl
T
PRO IN COUNCIL
MR. TEMPLETON SUGGESTS OP
PONENT IS NOT EXACTLY
TRUTHFUL IN REMARKS
JITNEY HISTORY IS RE-READ
Charter Amendment Aimed at Stop
ing City Printing Dies Unexpect
ed Death in Metzner's Hands
"Somebody in conducting these
remarks is a liar, to put it bluntly,
and it isn't me," said Councilman
Templeton, ungrammatically, at Wed
nesday night's council meeting, and he
looked at E. H. Cooper, a property
owner and tax-payer when he said it.
Mr. Cooper said he wasn't the per
son who had been mistreating the
truth, and when it came to a vote the
position which Mr. Templeton had
held lost out. From this it may be
gathered that perhaps Mr. Templeton
wasn't exactly correct in his remarks.
This little interchange of courte
sies came up after Mr. Cooper had
asked the council why all interest had
suddenly been lost in the improve
ment of Tenth street, between Jack
son and J. Q. Adams streets. The
improvement of the street had been
agreed upon, Mr. Cooper said, the
council had advertised for bids, and
had even recommended that the job be
let to the Oregon Engineering & Con
struction company for $1,007, and
then had suddenly dropped the mat
ter. Mr. Templeton said the matter had
been dropped because all the property
owners on the block had not agreed
to sign up for the improvement, and
that the city might have to pay for
some of the work. Mr. Templeton
did not want the city to be put to
any expense, ho said. Replying, Mr.
Cooper said that all but two of the
property owners had given verbal as
surance of their willingness to pay
for the work, and that as the abut
ting property was valued at over five
times the cost of the improvement,
the city would have no difficulty in
collecting.
Councilman Cox said he didn't see
why Mr. Templeton "wanted to hold
the matter up in cold blood;" Coun
cilman Hackett said he couldn't see
Why there should be any hitch, and
Councilman Andrews moved that the
contract be awarded and the work
done. "In the course of the wrangle,
Mr. Templeton made his remarks
about somebody being a liar, and af
ter 'Andrews moved the letting of the
contract, Templeton declared the mo
tion out of order.
Mayor Jones ruled that Mr. Temple
ton had no grounds upon which to at
tack the legality of the motion; Coun
cilman Cox seconded the motion, and
it was passed with Hackett, Cox, Van
Auken and Andrews voting for it.
"I wont vote on it,'' said Mr.
Templeton' "and what is more I wish
to serve notice that if the city im
proves this street under this motion,
the improvement will be illegal."
Nobody seemed alarmed at this
Templeton prophecy, and the meeting
proceeded. But at that it was a sad
sort of an evening for the enterprising
and busy Mr. Templeton. Early in
the session a delegation of Mount
Pleasant property owners dropped in
and asked for 1,400 feet of sidewalk,
for which the lumber would cost $120.
Mr. Metzner suggested that the sur
plus of the fire and water funds be
utilized to pay for this, and Mr. Cox
put the matter up to the street com
mittee: Mr. Templeton said that he
had no objection to having the side
walk put down provided money could
be found.
A Mount Pleasant property owner
suggested that maybe the city could
find the money, and added that Mt.
Pleasant was contributing $000 a
year to Oregon City in highschool tu
itions, and that if the council couldn't
lay the walk they'd re-open their
highschool and keep the money at
home. Mr. Templeton subsided.
Further woe for Mr. Templeton de
veloped when the matter of ordering
his amendment to abolish the city
printing came up for vote. Council
man Metzner gave the amendment
the "twilight sleep" in a neat little
speech, and on a yoteTt was painless
ly killed by Councilmen Metzner, Cox,
Hackett and Van Auken.- The fact
that the last three named belong to
the economy wing of the council, and
that shutting off the city printing
would save about a thousand dollars a
year, only made the pill the more
bitter for Mr. Templeton.
An even thousand dollars for
Third street work, and $600 for a part
payment for John Adams street work
were allowed the Worswick paving
people by the council. Mr. Templeton
wanted to hold up the second allow
ance, but was prevailed upon not to.
George Randall, F. T. Burke, and
jonn JLieweiiyn were appointed a
board of appraisers to go over the as
sessmenta for the improvement of Di,
vision street, Mayor Jones suggesting
that it might be well to name a brand
new set of value-fixers who would
(Continued on Page 8)
SO
and
UGLY
NOTED FARMER DIES
William Grisenthwaite Passes Away
at Home Near Beaver Creek
Formerly president of the Farmers'
Society of Equity, a leader in the
work of the Farmers' Union, and a
man prominent in Clackamas county
advancement, William Grisenthwaite
died Wednesday of this Week at his
home in the Beaver Creek country,
The funeral will be held Friday after
noon at half past one at his late resi
dence, with the Rev. W. T. Milliken,
of the Baptist church officiating. In
terment will be in the Beaver Creek
cemetery.'
Mr. Grisenthwaite was born in
Penrith, Cumberland, England, Octo,
ber 20, 1865, and came to the United
States about 28 years ago. He lived
in Portland for about seven years, and
for the past 21 years has been a lead
ing farmer of this county. In Aug,
ust, 1890, he married . Miss Mary
Hughes, the daughter of Edward
Hughes, a Beaver Creek pioneer, and
she survives him, as do three sisters
and a brother, who are now in Eng
land. Aside from taking an active inter
est in all plans that would better con
ditions in the rural sections of the
county, Mr. Grisenthwaite was a
staunch and ardent booster of the sec
tion as a whole; and it is largely due
to his labors that Clackamas county
has such an excellent exhibit at the
Panama-Pacific fair at San Francisco.
Mr. Grisenthwaite personally gather
ed and installed a large part of this
exhibit, and his enthusiasm in this
work secured the co-operation of
many others who might not have seen
the merit of making a suitable dis
play had he not urged the work. ,
His loss will be profoundly felt by
the farmers of the county, as he was
generally regarded as a man of pro
gressive ideals who was always en
gaged in trying to make conditions in
rural life better and more comfort
able. A wide circle of friends and
acquaintances will sympathize with
his immediate family in his loss.
FRITZ GRABBED AGAIN
Grand Jury Indicts Hotel Belle Pro
prietor for Selling to Minor
Fritz Boysen, proprietor of the Ho
tel Belle, in Milwaukie, is today at
liberty on $1,000 bail following his in
dictment by the grand jury on a
charge of selling liquor to a minor.
This is a new count against Fritz,
the same grand jury having found a
not true bill against'him on a simi
lar charge laid in the justice court
some weeks ago, and on which Fritz
was at liberty on $250 bail. The in
dictment that led to Fritz's arrest
this week was returned after the not
true bill had been announced. .
Oher indictments handed down by
the grand jury was against James In-
trenalli, a laborer, charged with as
sault, and arrested Tuesday night.
Intrenalli was later released on his
promise to appear for trial. Samuel
Case, who shot and killed his brother
in Parkplace, was also indicted; as
was Plymouth Storms, who has been
in custody for some weeks on a charge
of burglary. Storms pleaded guilty
in circuit court and was paroled on a
suspended sentence of from two to
five years.
Richard Jones was indicted, charg
ed with assault with a dangerous
weapon;' W. O. Wellman was indict
ed for working men more than eight
hours a day on public work; John
Starr and David Wright were indict
ed for assault.
Six not true bills were also return
ed by the grand jury.
FORMER RESIDENT DIES
H. P. Bestow Passes Away in Port
land After Brief Illness
Henry Plummer Bestow, formerly a
resident of Oregon City, died last Sun
day night at his residence in Portland.
The funeral was held Tuesday in the
metropolis, and the remains were cre
mated. Mr. Bestow is survived by
his widow, one son, and a niece, Mrs.
J. W. Gray, of Gladstone.
Mr. Bestow was a native of Ohio,
and came to Oregon via the isthmus
of Panama in 1864. ' For 35 years he
lived in Canemah and Oregon City,
removing with his family to Portland
in 1889t He was 80 years of age.
COUNTY SAVED $25,000
District Attorney Hedges Sustained
on Demurrer in Big Case
Wednesday afternoon District At
torney Gilbert L. Hedges saved Clack
amas county $25,000 more or less,
when his demurrer filed in the suit
of C. F. De Ford against the county
was sustained and the case thrown
out of court. Mr. De Ford was in
jured some time ago in the- county
gravel pit, and filed suit for $25,000
damages. District Attorney Hedge3
entered a demurrer, and on the hear
ing this week he was sustained.
NOTED BARRISTER RETIRES
Judge Gordon E. Hayes to Quit Active
Practice November First ....
"I came to Oregon City in Novem
ber, 1886, with thirteen law books a'nd
no money. It was Saturday when I
reached the county seat, and the fol
lowing Monday I tried a case in the
circuit court. In the 29 years since
then I have been steadily practicing
law, and have taken but fifteen days
actual vacation. And now at the
close of my active career my advice
(Continued on Page 8)
MEN
URGED
TO
DISTRICT ATTORNEY HEDGES
. ADVISES MUTUAL CLUBS
FOR BABCOCK TESTS
NIELSEN CASE HAS SEQUEL
Local Man, Convicted of Faulty Read
ings of- Amount of Butterfat
, Will Settle Without Appeal
As a sequel to the case of the state
against other dealers who might at
convicted of fraudulently manipulat
ing his Babcock test, so that cream
ery men were cheated in the sale of
butterfat, District Attorney Hedges,
who secured a convicition in the case,
has been asked by many dairymen
how they might protect themselves
against other dealers whom ight at
tempt to cheat them. The case tried
here in justice court attracted wide
spread interest, and the stand taken
by Mr. Hedges has received general
support.
Incidentally Mr. Nielsen, who at
first gave notice of an appeal from
the verdict in which District Attor
ney Hedges secured a conviction, has
determined not to fight the case fur
ther, and his attorney has asked the
district attorney for a bill of costs
and has given notice that the fine and
costs will be paid if the matter is
dropped with the original convicition.
In answering the letters that have
come to him in regard to ways to pro
tect dairymen from fraudulent read
ings of the Babcock test by unprincip
led creamerymen, Mr. Hedges has
written a number of letters. One of
these, sent to T. G. Lockhart, of
Amity, is an example of all of them,
and is reprinted here for the guid
ance of Clackamas county dairymen
who desire to be sure they are getting
their money's worth -for butterfat
they offer for sale. The letter to
Mr. Lockhart follows:
"Your letter of the 20th instant
received.
"I thoroughly agree with you that
some day Oregon will be one of the
most famous of dairy states. In or
der that she may attain this distinc
tion, however, the interest of those
who raise and care for dairy herds
must be zealously protected. One of
the enemies of the state is the man
who purchases cream of the farmers
and by falsely manipulating the Bab
cock test cheates them out of a per
centage of the product on every pur
chase. The industry cannot grow and
prosper under such conditions.
"The dairy . business as now con
ducted in many communities of the
state must for its success depend up
on the honesty of the purchaser of
cream. If he fails in this respect,
the dairy business will receive a blow
right at the beginning which it will
take many years to overcome.
"I have this suggestion to make.
Two or three farmers, neighbors if
you like, should get together and
purchase a Babcock testing set com
plete. This will not cost more than
twelve dollars." Instructions in read
ing the test will be given either by
the Food and Dairy Commissioner and
his assistants, or may be had in var
ious pamphlets published at the. Ore
gon Agricultural College at Corvallis.
Let these men learn to use the Bab
cock test. Then let them test their
own cream occasionally and compare
results with those obtained by the
purchaser of the cream. By thus
checking the creamery operator the
farmers who sell cream will be able
to receive a correct reading and ob
tain the full amount due them for
their dairy products.
"I am a great believer in the hon
esty of my fellow men. The dishonest
man is an exception and I am pleased
to know that he is in a decided minor
ity. But in cases where the farmers
are entirely and absolutely dependent
upon the word of a single individual
it is certainly good business to check
up such individual's word occasionally.
"The Babcock test is simple and
can be mastered after a little study
and practice. It is absolutely requis
ite, though, that the person making
the test have the requisit materials.
Your bottles must be of correct size;
your acid of correct specific gravity,
etc., these things carefully and accur
ately selected the actual making of
the test can be done with compara
tive ease.
"We want more dairies, more dairy
men, more dairy herds all these
make for the upbuilding of our great
state. But we demand rigid honesty
in the purchases of the farmers'
cream this we must have if the dairy
business is to be a success and this
we will have to the full extent of the
law.
Believe me Yours truly,
GILBERT L. HEDGES,
District Attorney for Clackamas
County.''
Wednesday afternoon Sheriff Wil
son arrested Alfred Wall and Oscar
Johnson, at Old Colton, both of whom
were indicted by the grand jury for
giving liquor to minors. The men
furnished $1000 bail each, hi . .(-
GRADE
1
FARMER IS HOPE
OF
'BULLDOG" EDITION OF AFTER
NOON PAPER LATEST IDEA
FOR "RURAL ROUTES"
HISTORY INDICATES FAILURE
No "Phony" Edition of any Periodical
Has Ever Paid in Northwest, as
People are too "Wise"
It is strange how people will per
sist in playing the "wiretapping
game" in spite of frequent warnings
published in the day's news.
It is strange how people will con
tinue to buy "wildcat" mining stock,
though warned by the bitter exper
ience of others.
And it is strange how people will
continually try to "bunco'' the resi
dent of rural communities, just be
cause there is some moss-grown idea
that every farmer is a sucker and a
fool.
Last Friday's Portland Journal,
under a heading reading "Newspapers
and Newspapers: by the Publisher of
The Journal,"c ontained among other
things the following:
" , the publisher
of The Journal, takes this occa
sion to announce that between
the 10th and 20th of November
The Journal will issue a mid-night-inorning
edition for circu
lation on rural routes and in
other favorable districts through
out the Oregon country. "This
edition will be the latest thing
out of Portland to the country on
midnight and early morning
trains. The edition will carry
all the news for 24 hours pre
vious and not a mere fraction of
it.''
The Courier has no particular fight
with the Journal. But it calls the at
tention of its readers to the fact that
he Journal says it will issue its
"Midnight-morning edition for circu
lation ON RURAL ROUTES and in
other FAVORABLE DISTRICTS." It
will be observed that this "bull-dog"
edition of the Journal is not going to
be forced into competition with estab
lished morning papers in thee ity, or
in communities outside of Portland
where established morning papers are
already in the field. It is going to be
confined to "rurl routes'' and "other
favorable districts."
The Courier is primarily a farmers'
paper. The greatest part of its
3,000 circulation lies outsde of incor
porated towns. It is the friend in par
ticular of the farmer and the man who
does not live in the city. And because
of this the Courier desires to give a
little recent newspaper history in the
Northwest.
Some years ago the Seattle Times,
the greatest afternoon paper in the
Northwest, started a morning edition.
The Morning Times was a REAL
newspaper, with complete editorial,
reportorial and mechanical staffs. It
tried to invade both the city and coun
try field, ami it failed. And when
this failure was unmistakably appar
ent, the Morning Times was discon
tinued. Some years ago there was estab
lished in Spokane a modern newspa
per known as The Inland Herald. In
all a total of $600,000 was poured in
to the Herald, and for a time it was
the most modern paper issued west
of the Missouri river. Mismanage
ment in its business office, and the
bitterest competition from the already
established Spokane papers, finally
drove the Inland Heruld to the wall
after 15 months of brave fighting.
The Inland Herald was an afternoon
paper, and as such it prospered.
In the course of its history the In
land Herald determined to issue a
"morning bull-dog" for circulation on
rural routes and in other favorable
districts. This morning edition of the
Herald was composed of all of the
last afternoon edition, and of two
pages additional. One page was fill
ed with "country correspondence,"
which was after used in the next day s
afternoon edition, and the other page
was filled with "amplified" telegraph
news stretched by a bright young man
from 1800 words that came over the
wire to enough to fill seven columns
The staff of this bull-dog edition con
sisted of the bright young man who
"amplified the telegraph news,'' a
"cub-reporter," who covered police and
anything else that had to be covered,
one linotype operator and a press
man. The bull-dog edition was mail
ed out by the regular mailing force,
which worked for an hour or so extra
to do this.
These are two notable examples of
a regular afternoon newspaper at
tempting to crowd into the morning
field, one with a bona-fide edition that
cost thousands of dollars; and the
other with a "bull-dog'' that only cost
a few hundred. Aside from these ex
amples in the Northwest, it is a reo
ognized fact in the newspaper world
that an established afternoon paper
CANNOT SUCCESSFULLY BREAK
INTO THE MORNING FIELD.
An afternoon paper may "try it
on the farmer." In fact they usually
(Continued on Page 8)
NEWEST
"JIT"
INJUNCTO
T
OREGON CITY ORDINANCE IS
PERMANENTLY ANNULLED
FROM ENFORCEMENT
BAGLEY DECISION SWEEPING
City Attorney Tries to "Alibi' Fol-
owing Action by Court, Saying
He Had Advised Against Plan
Monday of this week Circuit Judce
Bagley, of flillsboro, before whom the
application for an injunction against
the Templeton "public utility vehicle
ordinance'' was arcrued last week.
granted a permanent injunction re
straining Oregon City from trying to
eforce the law. As a result, jitneys
between the countv seat and Portland
are running unmolested.
The injunction was applied for by
.. Walter Laffertv. one of th attor
neys for the Portland iitnevmen's as
sociation; and its granting was resist
ed by City Attorney Christian Schue
bel. assisted bv C. D. Latouretta. the
county seat attorney for the Portland
itauway, high & Power company.
The application for the injunction
was based upon the following allega
tions:
1 That the ordinance is harsh, un
reasonable, arbitrary, discriminatory,
confiscatory and class legislation.
2 lhat the ordinance confers arbi
trary powers on the council to grant
or refuse to citizens the privilege of
carrying passengers for hire from
Portland to Oregon City, without any
fixed rule.
3 That the ordinance was not pass- '
ed in good faith by the council, either
for the purpose of raising money or
for regulating automobile transporta
tion between Portland and Oregon
City, but was passed for the purpose
of excluding competitors of the Port
land Railway, Light & Power com
pany. 4--That the ordinance is harsh, un-
icuctuimuiB, tuuiuury, promuitory ana
prevents the plaintiffs from exerefs
ing their lawful business and renuire.4
them before proceeding in the prose
..t;n. t -
lukiuu ui tiicn uuBiiiesa iu secure a
franchise from the city, which may
be denied upon the whim of the coun
cil, and which would cause unreason
able delay and expense if instituted
by each individual driver.
5 That the ordinance is void be
cause in attempting to enforce it, the
council adopted a resolution requir
ing the plaintiffs and all others oper
ating automobiles between Portland
and Oregon City to pay a quarterly
license tax of $50 and furnish a bond
for $5000.
6 That the ordinance denied the
plaintiffs the right to continue their
lawful business, because the require
ments are unreasonable.
7 That the ordinance is a viola
tion of both constitution of the
state of Oregon and of the United
States.,
In oral argument for the injunction
Attorney Lafferty laid particular
stress upon the fact that the Temple
ton ordinance did not guarantee equal
treatment to the various jiney men
that it would effect, that there was
nohing in the wording of the ordinance
hat would compel the council to grant
any of the franchises applied for, and
that the ordinance gave the council
great chance .for discrimination. In
answering this plea, C. D. Latour
ette cited four supreme court decis
ions from other states, and in each
case his citations simply added weight
to Mr. Lafferty's pleadings.
following the receipt in Oregon
City that the injunction had been
granted, City Attorney Schuebel de
clared that he had warned the coun
cil that the ordinance would never
stand in court before it was voted
upon. This warning, like many of the
votes cast by Councilman Cox, must
have been of the mental variety, for
the council proceedings Bhow no warn
ing of the nature spoken of by Mr.
Schuebel.
Following the injunction it was re
ported that the ordinance, which Mr.
Templeton introduced as his own,
had been prepared in the offices of
Portland attorneys who were pro
foundly in sympathy with the trans
portation interests. Throughout the
councilmanic fight over the ordinance
Mr. Templeton openly admitted that
the proposed law was drawn in the
interests of "the Portland Railway,
Light & Power company; but during
the argument in the injuntcion uro-
ceedings Mr. Latourette brought to
the court s attention that it was "a
fundumenal rule of law that the mo
tives of a legislative body cannot be
questioned in court."
The Courier $1.00 per year.
Starr la Sentenced
John M. Starr, indicted by the
grand jury for assault upon a farmer
named Hayhurst, the assault taking
place in the course of a dispute re
garding pheasant hunting, was sen
tenced in the circuit court Wednesday
to pay a fine of $500 or spend 250
days in jail. He had no money with
which to pay the fine.
GRANTED
B CO