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About Oregon City courier. (Oregon City, Or.) 1902-1919 | View Entire Issue (Feb. 8, 1917)
COURIER 34th Year OREGON CITY, OREGON, THURSDAY, FEBRUARY 8, 1917 Number 47 COUNCIL VACATES SGHUEBELS JOB BIG WORD BATTLE STAGED AT MEETING. BRIDGES CHALLENGED ATTORNEY FIGHTS FOR FEE Ability Praised by Debaters Who Vote Against Legal Rcp resentative George L. Story, alleged citV pros ecutor, won a decision over C. Schue bel, claimant to' the title of city at torney, at the stag smoker held in the Oregon City council chamber last night. The decision was made by nine aldermen and the verdict was a four-four tie until Mayor Hackett cast his vote in favor of Mr. Story, and thereby Mr. Schuebel completely lost his job with the city. ' The t meeting was the "warm est" session held here in many months and the smoke from frothy utter ances mixed congenially with that from sundry pipes, cigars and cigar ettes smoked by the large number of men gathered to see and hear the big fight. Councilman H. M. Templeton set off the fireworks when the report of the finance committee was read and it was learned that the committee had not approved Mr. 'Schuebel's salary bill. Mr. Templeton told his position in the matter and defined his reasons for not signing the report for Mr. Schuebel. Although he respected Mr. Schuebel for his work and his ability the people had decided in favor of Mr. Story, Templeton said, and Mr. Schuebel should quit like a game sport. In his own defense C. Schuebel made an impassioned address. "I did not want and do not want anything to do with the legal affairs of this city. I was asked what I would charge to carry on certain civil litiga tion and I set my price. " The coun cil's committee' employed me on that baBis and for the purpose of finishing the work which I had already under taken. I will willingly give , up this work if someone capable of handling it is appointed. I will withdraw the bill for my services and destroy it but I will be paid for- the services I have rendered. I shall have my fee for prosecuting the recent circuit court case even though I have to col lect it at the end of a law suit," Mr. Schuebel said. Councilman Metzner was a capable Schuebel champion. In his argument he praised Mr. Schuebel and said hi3 labors were necessary to save the city. He is the only lawyer able to handle the work, said Mr. Metzner. The council worked in absolute units, and there were two distinct units. At each suggestion from H. M. Templeton, Councilmen Moore, Van Auken and Bridges voted just as Templeton did. The other four mem bers, Friedrich, Metzner, Buckles and Cox, voted against the other quartet at every turn. In the crucial places Mayor Hackett voted with the first bunch and decided the tie. George L. Story, elected city pros ecutor, took no part in the battle other than to answer an occasional sally from Schuebel. He let Joseph E. Hedges present his case and Mr. Hedges debated for some time on the contention that the charter made no provision for two legal offices and that, one must be illegal. He said that the council resolution by which Mr. Schuebel was employed at a sal ary of $720 a year was not legal for it had not been provided for in the charter. The duties of Mr. Story were clear ly defined by the charter, Mr. Schue bel pointed out, and stated that at no time had he had the slightest desire to infringe upon ony of these duties, He was employed by the council, he said, and was doing only the work he was instructed to do and promised pay for. He seconded Metzner's statement that the city had been rpbbed to the tune of $1700 to $2500 for legal service before the salary and fee plan was adopted. When the clash calmed down after a wealth of incidental argument, Metzner challenged the vote of Isom C. Bridges, third ward councilman who was declared ineligible by Judge Campbell on Tuesday. Under the condition that Mr. Bridges is appeal ing the case to a higher court his vote was admitted. Templeton, Moore, Bridges and Van Auken voted to relieve Mr. Schuebel of all legal business for the city. Metzner, Friedrich, Buckles and Cox voted to retain him. Mayor Hackett cast the vote that ousted Mr. Schuebel. Mr. Schuebel then asked to with draw his bill for pay for his services. Templeton amended the motion to read that the bill should be tabled in definitely. By a vote divided the same as previous votes the amend ment was adopted and Mr. Story's salary bill met a like fate for the time being. ' Each of those who spoke during the debate praised Mr. Schuebel and his work except George L. Story, city WIRES TO PRESENT FARMERS' PREMIUMS LEGISLATIVE WORK REVIEWED. FORTY PRIZE WINNERS TO BE GUESTS Forty or more Clackamas county farmers who won medals or diplomas at the Panama-Pacific exposition at San Francisco last year will be en tertained by the Live Wires of the Commercial club at the regular week ly luncheon of that organization on Tuesday next. The Wires have sent personal invitations to each of the winners asking them to take lunch as guests of the club. The medals and premiums will be delivered to their owners with appropriate ceremonies. The regular meeting of the Live Wires on Tuesday was given over to a discussion of the work of the state legislature, especially such of its ae ivites as concern Clackamas county, and to making plans for the enter tainment of the farmers who will come next Tuesday. B. T. McBain reported as chairman of the postofiice committee and induced the Wires to undertake an extsnsivo'lobby by cor respondence with the Oregon senator ial delegation at Washington. Mr. McBain had been in attendance through much of the present session of the legislature at Salem and spoke in an interesting way upon the work that is being done there. George C. Brownell, who "gaffed" his constitu ents when he supported the Cascade county bill introduced by Senator Stephens, came in for his just criti cism during the lunch hour. The program of the meeting for next week; at which the farmers will be entertained, will be completed lat er this week and it is expected that the entire group of those who won prizes will be present. Among the prize winners who will be guests of the Wires, and to whom personal invitations have been sent, are: Geo. H. Gregory, Henry Boege, Michael Hemrich, Will Luckey, Chris Naegeli, O. E. Freytag, John Risley, G. A. Schuebel, W. P. Kirchem, Geo. Ingram, Fred Hutchins, Wm. F. Muel ler, J. W. Smith, Fred W. Reiboff, Johnson Bros., Richard Simms, H. Longcoy, Daugherty Bros. W. B. Will Luckey, W. P. Kirchem, W. B. Lawton, August Steahley, Frank Jag gars, Fred Roadermal, D. O. Chind gren, Jos. Baehmann, E. R. Leek, H. S. Anderson, C. E. Spence, H. W. Ha germann, Louis Funk, Fred Steiner, John Wise, E. W. Hutchins, Alfred H. Spangler, Gus Fischer, W. H. Brown. TRACY PLEDGES $500 Gladstone Citizen Will Help Council in Purchase of Truck James Tracy of Gladstone has of fered to donate $500 toward the pur chase of an automobile fire truck, which is very much desired by the city council. Mr. Tracy recently dis posed of a half block of property to the Hawley Pulp & Paper company, on lower Main street for a considera tion of $40,000, and from this he will make his donation. The Hawley company has agreed to donate $1000 to the fund and to buy the site of the Cataract Hose company's home for another $1000. The Oregon City Wool en mills will donate $500, making a total of $3000 which could be secured in the fire truck fund. Postofiice Examination At the Oregon City postoffice on February 24 an examination, under the rules of the civil service, will be held to select a postmaster for Colton. Information' pertaining to the test can be had from the local secretary at the Oregon City postoffice. prosecutor. Mr. 'Hedges and Coun cilman Metzner said Schuebel had been the best city attorney Oregon City ever had. Mr. Schuebel accept ed the vote of the council graciously, He repeated several times that he had not and did not want the city's legal business, but that he would be paid for what he had done or would know the reason why. The council last night transacted much important business, but made the program incidental to the big fight. A resolution, lost in discussion once, was revived to call a special election to vote upon an appropriation of $4000 for the purchase of a fire truck. The election will be held on March 5. Templeton and the mayor expressed the belief that the voters would turn down the proposition. The city , water board brought up the matter of a trade for the 13-acre tract where the council once desired to create a play ground and park, The communication was referred to the finance committee, which will meet with the water board. The Bap- tist church was given a permit to use the advertising space in the city ele vator, the proceeds from its rental to go to the proposed Young People's institute. A petition for the vacation of the alley in block 35 was referred to the street committee. The matter of letting a contract for street cleaning this year was tak en up with the reading of an applica tiorr for contract filed by W. M, Knoop. Mr. Knoop offers to do the work for $115 a month if the city will buy a street sweeper. BE OUT OF COUNCIL RESIDENCE REQUIREMENT IS NOT SATISFIED BY NEW ALDERMAN TO APPEAL FROM DECISION S. McDonald Was Second Highest Candidate. Andrews Brings Ouster Suit Because the fact was established that he had not resided within Oregon City for one full year prior to his election to the city council, Isom C. Bridges was declared ineligible to the seat he holds by Judge J. U. Camp bell's decision in the circuit here on Tuesday. Mr. . Bridges, the prosecution brought out, had resided in Oregon City for some 15 years, but he left here temporarily more than a year before his election to the council on December 4 last. His residence here was not resumed within a year be fore his election. Mr. Bridges was elected from the third ward to suc ceed E. B. Andrews by a margin of 65 votes over S. McDonald, the next highest candidate. Mr. Andrews was third and Mr. McDonald had a small plurality over him. Mr. Andrews retired with objec tions from the council following the election of Mr. Bridges and the offi cial canvass of the vote by the city council. Mr. Andrews brought suit immediately to have Mr. Bridges ousted on the ground that he had not satisfied the residence requirements of the city charter. Following the trial in the circuit court Tuesday Mr. Bridges gave notice that he would appeal to the state supreme court. He contends that, although he had not been in the city for more than a year prior to his election, he had maintained his legal residence here. While the liti gation is pending the council prob ably will allow Mr. Bridges to retain his seat and vote at the meetings. . ,: Attorneys for Mr. Andrews,' who brought the suit against his success ful opponent, believe they can show why Mr. Andrews should be seated in spite of the fact that he received less votes than either of the other two candidates from the third ward. S. McDonald, being second in the race for the seat, would automatically succeed Mr. Bridges, in the opinion of some who have studied the case. The councilmen from ward three, in addition to' Mr. Bridges, are E. L. Moore and E. D. Van Auken. ' Fosburg is Jailed Roland Fosberg, arrested late Sat urday night on a charee of drunken ness and disorderly conduct, appeared before Recorder John W. Loder Mon day, after spending Sunday in the city jail. A sentence of 30 days in jail and a fine of $25 was read to the young man and he was returned to jail to serve the time. Prospective of Proposed Gladstone Park Chautauqua Auditorium. Seating Capacity 4500, Cost $6000 Chautauqua patrons will enjoy the next session of the assembly in a brand new auditorium, if the recom mendation made by the building com mittee at a meeting in Chairman Cross's office Tuesday evening is heeded by the board of directors. The present plans are to erect a structure to cost in the neighborhood of $5000 and which will seat from 4000 to 4500 people. While the exact plan of the ftew building has not as yet been adopted,, in all probobility the directors will erect an elliptical struc ture, patterned generally after the Mormon tabernacle in Salt Lake. At the meeting Tuesday it seemed to be the general opinion that the old structure had outgrown its useful ness and that a new building to be built on larger lines would be neces sary to keep up the successful record of the assembly. The new building will seat at least 1500 more people than the present auditorium, and a decided improvement will be made in the acoustics. The present plans also embrace a new seating system, and a flooring plan. The floor, however, DELINQUENT MEMBER NAMED IN MESSAGE MAYOR WOULD START STREET WORK. WILL NOT RECOG NIZE SCHUEBEL Addressing the city council at its meeting last evening, Mayor Hackett recommended to the attention of that body the actions of J. F. Albright, councilman from ward one and re ferred the members to a clause in the city charter which empowers them to oust the delinquent member. Coun cilman Albright has been absent from three successive meetings of the coun cil and another unexcused absence will mean that he can be automati cally dropped from the; council. Mayor Hackett also called to the attention of the aldermen the matter of street improvement. The council is pledged to a program of hard sur face street improvement and in this connection the mayor suggests either the establishment of a municipal pav ing plant or the employment of a pav ing contractor to improve certain sec tions of city street. The mayor's message in full is as follows: "I wish to call your attention to the fact that in our budget a certain amount was set apart for hard-surfacing of our streets. Don't lose sight of this fact. There are two wayso do this. We must do it our selves or get some one else to do it. I am of the opinion that we should own our own plant; but if you think we cannot do this, we had better ad vertise for and receive bids for as much as we have money to pay for. I have taken the matter up with the street committee and they and I are of the opinion that we ought to im prove 17th Btreet, connecting Main street with the Parkplace road. "The balance of the money should be spent on Molalla avenue. At any rate we should spend the money where it will benefit the most people. "There is another matter that needs your careful consideration. At the regular city election held December last, the people elected a city attor ney. It the people made a mistake, it is their fault, not ours. We should not assume to be wiser than the peo ple and undertake to set aside the voice of the people. . ."In my opinion Mr. Schuebel is not city attorney and I cannot recognize him as such till he is legally declared to be so, notwithstanding the so-called resolution passed attempting to em ploy him. This is merely a farce in my opinion and should be rescinded and held for naught. "I have another painful duty to per form. I need not say that a certain member of the council has been act ing in a way to reflect discredit upon himself, this city and upon this body. I've wondered how long you would tolerate this kind of thing. This mat ter is entirely in your hands, gentle men, and I refer you to page 10, sec tion 32 of the old charter." The charter rule set out on page 10, section 32 of the charter reads: The council may punish any member for disorderly or improper conduct at any meeting, or for refusing or ne glecting to attend any regular meet ing without any sufficient cause there for, and may, by a three-fourths vote, expel the member. may not be put in until next year, as the directors feel that the erection of the new building with new seats will in itself be a pretty heavy task within the next few months. The board of directors will take up the matter for final action probably within the next two weeks, and work will be started about May 1st if the board acts favorably upon the recom mendation of the building committee. Secretary Thomas A. Burke reported that approximately $1000 of the stock sold at the last assembly had been paid in within the past two weeks, and that the balance of $1,000 would be forthcoming durng this month. With all stock subscriptions on hand in addition to a snug little sum on hand in the assembly's treasury, the directors will be in fairly good shape to finance the proposition. The present auditorium was built in 1893 and has served its purpose well, but increased crowds of late years, and a general wearing out of the structure make the new building a necessity. E BILL IS KILLED SENATE POSTPONES STEPHENS PROPOSAL AFTER DIMICK FIGHTS IT HOUSE FAVORED DIVISION Four Noes Voted in Senate. The Job Hunters Lose Hope. Lewis Votes for Bill Clackamas county will remain in tact. There will be no Cascade coun ty and there will be no jobs for the hunters who have valiantly, and with a degree of success, prosecuted the di vision proposition for several weeks in the halls of the state legislature. Clackamas county will continue to elect whom it pleases to office and to build roads in the most approved style and with the greatest degree of impartiality, that is possible. Cascade county's ambitions went glimmering in the senate chamber at Salem yesterday when Senator Wal ter A. Dimick had finised an hour of argument against the division and the senate adopted the report of the senate committee on counties. In his talk on the floor Senator Dimick pointed to the report .of the commit tee, which recommended that the sen ate have nothing to do with county division proposals until a vote had been taken in the territory affected. He. argued vigorously for the indefi nite postponement of house bill 165, introduced by Representative H. C. Stephens, legislative father of the county division business, which would have created Cascade county from the eastern section of Clackamas county and establish Estacada as the county seat. The committee's report was a rec ord opposing the submission of county division questions to the legislature without a vote haying been taken by the people of the county. This same contenton was the basis of the fight made against the bill by people in all parts of the county who were against it. Twenty-two senators voted for the adoption of the committee report following the argument of Senator Dimick. Only five voted against the report, and this number included Joint Senator Hermon C. Lewis, whose rep resentation is anything but "joint." Among those who voted to adopt the report were the three gentlemen of the counties committee, Senators Dimick, Orton and Leinenweber. The vote on the report was as follows: Ayes Baldwin, Barrett, Cusick, Dimick, Eddy, Garland, Gill, Hand ley, Hurley, La Follett, Leinen weber, Orton, Pierce, I. S. Smith, J. C. Smith, Steiwer, Strayer, Vinton, Von der Hellen, Wilbur, Wood and President Moser. Noes Bishop, Shanks, Hawley, Lewis and Olson. Cascade county sponsors won their first real victory in connection with their bill on the floor of the house of representatives on last Thursday, when Representative Stephens of George, within the new county, suc ceeded in arguing his bill to a pas sage by a vote of 43 ayes and 13 noes. Representative George C. Brownell surprised the majority of his consti tuents in no mild manner when he spoke rather favorably to the bill and voted for it. The debate preceding the vote in the house took so long that the last Thursday morning session was car ried far past the noon hour. Steph ens opened the argument. He said that the present law for creating counties was of no use, for under its provisions it was almost impossible to establish a new district. Representative Dedman and W. B, Jones opposed the bill. Representa tive Brownell said he thought the question was immaterial to the ma jority of the people of his county, for the people in the proposed county were new settlers and of a different feeling than the people of Clackamas county. Representatives Peck and Lewis, of the committee on counties, said that they favored the creation of the new county. They said the petitions signed by the applicants were filled , with legitimate names while the petitions against were faulty. Fearing that he might be caught in a manner similar to other repre sentatives who had their plans blighted by pledged members walk ing out on them at roll call, Steplv ens insisted oh a poll of the house before the vote was taken. Maccabees Will Entertain me local lodge or Maccabees is planning a meeting next Monday evening under the direction of J. (W. Sherwood, state commander of the order. J. E. Werlein and Judge Mor row, of Portland, are expected to at tend and will be assisted in a pro gram of speeches by several local speakers. The degree team and or chestra of tent No. 1, of Portland, will furnish entertainment and lunch will be served. The meeting is to be held at Knapp s hall. Courier and Daily Journal $4.75, COUNT! PETITION THREATENS STRINGTOWN HOMES WOULD ESTABLISH A COUNTY ROAD. ACTION MIGHT CUT OFF YARDS AND FENCE Either certain residents in String town will not have spacious front porches upon which to rock and chat in the glimmering summer moonlight or the proposed state and federal aid road will not go through that pleas ant home community. Among the many front porches, lawns and fences in the community, .several are threat ened with total destruction as a re sult of the notification received by the county court and others interest ed, that a petition will be filed soon asking the establishment of a county road practically along the route of the old territorial road through Stringtown. Forty-three property holders in the district have signed the petition which will be presented and their names appear also upon the no tice delivered to the court. Attorneys have already been re tained by those whose property would be affected by condemnation of space for the new roadway, and they plan to prevent the establishment through court action. The result, according to lawyers here, is likely to be a long legal tangle. The territorial road runs between the property lines and the railroad track, which, in reality, is on the county road by virtue of a. grant on the part ,of the court. The petition to be filed will ask that the road requested be formed by the con demnation of property east of the present territoral road boundary, thus cutting off the front porch of one home and damaging other prop erty in various ways. Legal opinion here says that inas much as there has already been a county road, part of which was given as a right of way to the railroad com pany, another cannot be established. The territorial road is narrow and, the desire of those who have signed the petition to the court is to 'make it of standard width and maintain it as a link in a through road, probably the Pacific hghway, between Portland and Salem. The property owners who would be damaged by extending the width of the road east say that since there is nothing to the West between the property and the river except the tracks that the extension must be made in that direction if made at all. Such a change would necessitate the moving of the railroad tracks. Any petition to the court will be the sign of battle to the objecting property owners, they say. MILWAUKIE CLUB IS RAIDED BY MARSHAL DISTRICT ATTORNEY IS ASKED TO AID IN PROSECUTION. SULLIVAN ON BOND The Friars' club at Milwaukie was raided early Friday morning by City Marshal Sam Riley, of Milwaukie. Larry Sullivan, who with Martin Den ny is proprietor of the club, was put under arrest. Under Marshal Riley, four assistants had no trouble in en tering the club house. In a secret cabinet under a stairway three bot tles of whisky were found, and be neath the kitchen floor more liquor was hidden. In all three quarts of whisky, three bottles of champagne and eight bottle of beer were confis cated. Larry Sullivan provided $250 cash bail. There were no intoxicants on the tables at 2:30 Friday -morning, when the raid was made, and only two of those who were employed at the club when it was managed by Julius Wil bur were present. One of these was Tommy Nishioki, Japanese porter. There was a small group of guests in the place. Those who assisted Mr, Riley were Homer Mullen, H. C. Riley, Henry Phillips and J. F. Rig- don. Marshal Sam Riley was one of the witnesses for Wilbur at the recent trial in which the former club pro prietor was convicted of violation of the prohibition laws. He testified to the good character of the place and told of his social visits there. He was at that time a deputy sheriff, but was not reappointed this year. Sheriff Wilson and District Attorney Hedges were not advised of plans for the raid Friday. Evidence against the Friars' club was placed in the hands of District Attorney Gilbert L. Hedges baturday by Marshal Riley and Justice of the Peace Kelso. Mr. Hedges will prob ably present the case to the grand jury, which will meet here this month. The Friars' club has figured in much liquor law violation within a few years and its former manager, Julius Wilbur, was convicted three times. A six-months' jail sentence is pending against him now, while he has taken the case to the supreme court on the ground that his indict ment was faulty. Marriage License Countv Clerk Iva Harrington Mon day issued a marriage license to Mil' dred S. Bissell and William F. Muel ler, of Boring. TITLES TO CAMPBELL DECIDES AGAINST COUNTY IN BIG SUIT. GIVES REASON 3240 ACRES ARE INVOLVED Evidence of Fraud in Manner in Which Title Was Secured. . Case is Aged Holding in substance that the state legislature of 1901 ratified all titles made prior to that date on school lands in this state, Judge J. U. Camp bell Monday found F. A. Hyde of San Francisco not guilty of charges of fraud brought against him by the state of Oregon through Attorney General Brown. The' decision is the second rendered in Oregon where cases of a similar nature against Hyde are pending in several counties. Judge Galloway of Linn county made a decision in practically the same case there in which he found Hyde guilty and declared in favor- of the state. In this county 3240 acres of school land are involved in the action against Hyde and the Western Lum ber company of Montana. The state ' charged in the trial here on Novem ber 20 to 24 that in 1899 Hyde had sent J. L. Schneider to Clackamas county to secure school lands, which were on sale at $1.25 an acre. By the use of fictitious names, ' it was charged, Hyde secured 146 applica tions to the lands. Later he sold much of the property to the lumber company, which therefore became in volved in the present litigation. The action against Hyde was brought into the local court many months ago, but it was tried before Judge Campbell for four days, be ginning November 20 last. G. G. Brown and J. O. Bailey were witness- es for Mr. Hyde at that time. Judge Campbell then took the matter under consideration. 'In 1907, when I was a member of the house of representatives," said Judge Campbell, "the legislature passed another act repealing the act of 1901 except as to those lands on which deeds had already been issued and the full price, $1.25 an acre, had been paid to the state. There was evidence that the Hyde agents had obtained the land through fraud but the fraud was against the parties who were used for obtaining the land rather than against the state itself, as the state received the full legal price of the land at that time. The school fund did not suffer by the fraud. "As the -legislature has validated the titles, I considered that it was not a question for the courts to determine whether it was a wise or a foolish measure. This issue was not pre sented to Judge Galloway.' I hap pened to recall the acts as I was in the legislature at the time." The land s in the forest reserve in Clackamas county and much of it was obtained through the use of script by the Western Lumber company. The company has contended .that it was an innocent purchaser in the transaction, regardless of any fraud on the part of Hyde. vJ t$ t)J t$ ELECTION IS CALLED Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt Jt J Jt , Jt J Jt ' Jt Jt Jt Jt By resolution passed at the council meeting last night a special municipal election was set for March 5, at which time voters will decide the matter of the purchase of a motor driven fire truck. The resolu tion designates the ballot title and calls for a vote upon the proposition to appropriate $4000 for the purchase of the truck. Judges and clerks of election, men who have volun teered to serve free of charge in order that the cost of elec tion may be minimized, were named. The fire truck will bo pur chased, if the voters approve, with the appropriation in con nection with the sale of the site and home of the Cataract hose company and the dona tions of W. P. Hawley, A. R. Jacobs and James Tracy of Gladstone. The Cataract site and home . will bring $1500, Mr. Hawley will donate $1000, Mr. Jacobs has added $500 and the same amount has been do nated by Mr. Tracy, making a total available, aside from the appropriation, of $3500. v)t i& i) More Deputies Named . County Assessor W. W Everhart on Tuesday named three more depu- ties for the field staff which will start work within the next few weeks in I valuing the property of the county j for the 1917 tax assessment. The men named are N. R. Graham of ' Needy; Jerome Avery, Milwaukie, and Charles Thompson, Stafford. These appointments bring the staff : up to eight at present and there are about three yet to be added. HYDE LID