n ) a ,
Oregon' City Enterprise.
VOL. 30. NO. 29
OREGON CITY, OREGON, FRIDAY, MAY 15, 1003,
ESTABLISHED 1808
JJOBKKT a. millkk
ATTORNEY AT I, AW
Lin1 Titles rtrul Lnnrl Office)
I luntnemi a Hpeclulty
Wilt practice la all Court of the Stat
Room v Welnhard Bldg.
ojip. Court House, Oregon City, Oregon
r L.FOHTKk,
ATTORNEY AT LAW
iirriiOTior rinMirr ruMttHis.
Offlotnsi to Orun City Kniri'ri
QKO. 0. BBOWNKI.I.,
ATTORNEY AT LAW
Oregon City,
Oregon
Will practice In all Hit court! of tin stale.
Olllo In Cautltld building.
QE0.T. HOWARD
REAL KSTATRAND insuranch
NOTARY TUBLIC
At Red Front, Court House Block
Orrgon City, Orrgon
JIYY 8TIIT
Attohsky at Law.
Justice ol tin Peace.
Jagger Bldg., Oirgon Ci'y
J U.CAMPUKU.,
ATTOHNEY AT LAW,
MOM ClTV, -
. . omooK
Will practlct In til ih sourta ( tht slat. 01'
lea, lit u.uflul'l buodih.
c
D. A D.O. LATOUKETT
ATTORN KY8 AND
- COUNSKUMS AT LAW
MAIN STHXXT OK It (ION CITY, OHKUOR.
rurnlih Abstracts olTHI. IWD Money, Fore
close Muri(Ki, ii'l irsiuaol (imieral
Ls liUllDO.t-
STUART, M I).
tllllcc III Willamette HMk.
Oregon t'lly, Oregon
OfiVs hours: 10 a m. In 12 m., 1 In 4 p, lit.
ml 7 in N p, in.
Boll attention paid lu IChauniatlsiti anu
Female Hiirin.
Call antwaml ilay or night
i ;
rnRl COMMtHClAL BANK
OP OHKUON CUT.
alul, IIOO.OUU
Uiiiii mxlt. Illlli dlicouuteil. Il.lar.1'
lertlnm. It it unit stilt irhsnsa on all pnlnu
hi lha l'nlll Mtatca, Kurnpa aul Hmi( Koiif.
tiepotlts recled ub)wt lo check Bu
opto from a . it. to 4 r. M.
U C. LATOUHKTTK, Preilrtent
F. J. MKYKR Caakler.
Q W. EASTIIAM
ATTORNKY AT LAW
Land TMea Examined. ltrait Mail.
lerdi, Mortgages Drawn. Money Loaned
orrira ova
Dank ol Oregon City, (lamina City, Oh.
E. H. COOPER,
...Notary Public...
Real Estate, Innurancr, Titlra Examin
ed, Abstracts Made, Deeds, Mortgage!
and Etc, drawn.
OARDl BLOO. ORCOAN ClTV, OR.
j, w. kokkis
1, ar. rowKLi.
NORRIS A POWELL
Physicians and Surgeons
Rooms 4 ft-0
Oarde Bllg. Oregon City. Ore.
W. 8. TJ'Rsa 0. Bohnbel
U'REN A SCI1UEBEL
Attorneys at Law.
Jlcittftfjcc 2lwlt.
Will practlr in all courts, makti collections
and setllemrnta of Kstatrs.
Furnish abstracts of till. Irnd yon inomy
and land your monry on Aral morgage.
Office In Enterprise Building,
Oregon City, Oregon.
JOHN YOUNGER,
aJTEWp
1EZ
Near Huntley's DruR Store,
FORTY YEARS EXPERIENCE IN
Great Britain and America.
CO TO
THE ENTERPRISE
FOR YOUR
PRINTING
OABTOHIA.
ara tha M Haffl 'm ufi
McKITTRICIt
"The Shoe Man"
Of Oregon City. Will Dispose of his Entire
Stock of Boots and Shoes.
Sale will !oj;iii on Thursday Mar. 19th, at 10 o'clock
a. m, and will continue until all goods aro sold. We in
vite all our friends' (and that means everybody) in
Oregon City, throughout Clackamas County and in
Portland; to attend this balk.. All our goods aro
now and uj-to-dato, We will not quote prices here
but if you wed anything in the bIioo line within the
next iix months, it will pay you to buy now. We
tako this opportunity of thanking our many friends
for their liberal patronage during the last 14 years.
We arc very sorry to have to break the many ties of
friendhhip that has exited between us for so long a
time but deem it wise to extent our business to
broader fields. Anyone finding themselves indebted
to us will please call promptly and settle their account.
Any parties holding cotitxiia had bettrr use them an once Every boot
ml alloc iu the house will lie markcil in blue-pencil figures ao you can
kind will he on an open table ao you can pick the ahoe you want in
atautly. We will have number of clerks on hand so that all can lie
waited on promptly.
:u on promptly. The earlier you
Please remember the date
Thursday March 19th, 1903
Yours to Caminand,
McKITTRICK. '-The Shoe Man"
Next Door to Bank of Oregon City
N. II -This ad will appear
FISHING TACKLE
See the New Spoon Hooka, 10 and Ijc. Peer Tail Hook,
jot. Black Out Hook, ijc pkg. 4 Jointed Bamboo
Fish 1'olra, f 1. 5 Patent sinkers 5c, to 5 for 5c. Alum
inum llo"k Hoars, S"C Ordinary Silk Linea, Keels, etc.;
an endli-ss variety at Cut Pricea.
BICYCLES
Oxford Ilicyclca, 1002 Model, $30.00 reduaed to $15.00
IlicycU-s Supplies at Cut Rale l'ricea.
PAINTS
Roiled Oil and Pure Iad are lower now than they have
been for yars. Special pricrs to parties who contemplate
painting, puller's 1'U'C Prepared Paint $i.7j, our cut
price fl.6o pcrgul. Any Shade. Color Card l'ree.
CHARMAN & CO.,
OUT
THE ENTERPRISE
ALL KINDS OP COMMERCIAL
PRINTING
DONE IN UP-TO-DATB STYLE
CLOSING OUT SALE
Owing to my failing health I have de
cided to dispose of my entire stock of
GOODS AT COST
and many articles will be sold for less
than cost. Sale commencing May 1st and
will continue till all sold out.
Bleached Table Linen 46
Out i nit Klannel 0(1
Shaker Flannel 6c and .07
Mercerised Satteen 12
Percales 05
Flanellott OU
White Apron .10
Dress Shields 15
Linen Towels, pair. .30c, 34c, 37M
Bath Towels, pair. . .37c, 42c, .71
Silk Dreae Skirts $5.50
" ft.00
Wool " , ft 0i
Wssh " " GOoto 1.50
Ladles' Muslin Drawers 20c to tlOc
Jersey Ribbed Drawers 25c to .40
Ladiet' Chemise 20c to 1 35
Ladies Night-Gowns
Ladies' White Skirts, tS5c,75c 1.00
Infants' Hacks c 30
ATjSO "olie Supporters, "Elastic Web," Bells Suspenders, Besds,
Cube Pins, Safety Pins. Hair Pins, Combs, all kinds of Lead
Pencils, Beading Cap', Sash Pins, Buttons, all kinds Gloves, Lace elbow
length, Hose for ladies' and children, plain and lace; Wbiek Broome,
Feather Dusters, Needles, Pine, Curling Irons, Wrist Bags, Agate and
Pearl, Hat Pins, Finger Kings, bilk Mandallions, Applique Trimmings,
Laces, Ribbons, from lc to 40c yard;
other things too numerous to mention,
RACKET
A aample pair of evrry
come the more choice you have.
In Sundays Oregouvw
RATE 0RUOCX8T8
.t
Stinhonnets.....lOc, 15c. 20c, .25
Shirt Waiata 50c to 1.25.
Buniles, new style, 15c .20
Corset Covers 15c to .50
AlloverEmbrodiery very nice 1.00
Wrapnera, extra good .60c to 1.25
Lace Curtains, per pr. .75c to 1 35
Handkerchiefs V.2cto .50
Ladies' Colored Skirts 40
Celesia , .08
Brocade Skirt Lining 18
Plain Lining 12
Boston Bags 20c to .33
Pretty Fane 10
Kmhrodierv Silk 04
Machine Silk 07
Spool Thread, 3 spools 05
"Columbian" Uolden Fleece Im
ported and Domestic Sapong
Yarns of the very beet quality.
Velvet Ribbon, Corsets and many
all to go at COST. 4)
STORE
M
COUNTY WINS SUIT
Ladling Cannot Recover For
Deputy Hire.
Mult Was )Nmlsl en (Jenrral He.
nurrer to Ibe Complaint 111) W
Was laroUed.
The suit of A. Lmdling against Clack'
Sinas county was dismissed r'ridsv ltr
noun by Jmlgo McHride on a demurrer
to the complaint. The pUintift was the
lornier recorder of this county and
hrouglit suit lo recover $1400 deputr
hire anl accrued intertst, amounting to
anout fiiKX). y
Luelling was the Populist counff r-
corder for Clsckatnas county from 1890
to 1HVH. Under the law at that time the
variouacounty officers served on a fixed
salary, the payment of bairns for deputy
hiie being optional with the county
commleaionrrs' court. The law provided
that all claims for tlepu'y hire should be
presented to the court, properly certified
to by the officer employing such help.
Tliexe claims were to be audited by the
court. Luelliug presente I bis charges,
hut Hie court fiiiied lo allow 1 lie same or
ui.ke ar.y order respecting the same.
Recently Luelllng ihrouiih his attorneys,
Uimlckdc btory, of this city, inalitut d
suit against the county to recover judg
ment for the amount claimed, agurKgat
lug nearly $1HX). An answer by District
Attorney Allen wag mailed, but failed to
reach the court until the day following
the expiration ol the ten (lavs allowed
b law in which to make's defense. Ap
plication waa mae to the clerk of the
court, which waa then in session, and
judgment was rendered against the coun
ty for the amount. Judite McBnde on
a motion and affidavit filed by the Dis
trict Attorney alu-raards ordered Ibe
judgment set aside and the rase opened
op on ita merits on the grounds that the
cornty clerk is merely an officer of the
court, and exceeded hie authority in en
tering the judgment while the court wa
silling. A general demurrer to the com
plaint was then tiled by District Attor
ney Alleu, alleging that the complaint
did not Htale facts sufficient to constitute
a cause of action. This motion was ar
gued on lam Friday afternoon before
Judge McBride, w ho iuitained the de
murrer and dismissed the suit.
In sustaining the demurrer, Jndite
McKriile held that there was no liability
on the psrt of the county 10 pay for tb
deputies employed by the loriner re
corder under the law. Unless Ibe'coin-
pensKliun of such deputies bad been
fixed by the county cU't. This the
county court had refused to do. The
absence from the minutes of the county
court of any record of any such claims
having been presented, and also of any
order of the court ordering the payment
of thoeq c'aitns. were to he considered
eiU-T'TB that the court had not given
the claims any coiishlerilion. 1 he court
further held that the county as not
liable in any sum ; that there was no
implied contract on the part of the
rouniy to pay for the services of such
deputies; that no compensation could be
recovered by any officer under the stat
ute at that time excel t that expressly
provided for bv law or by the express
order of the county court.
In arguing the demurrer to the com
plaint, District Attorney Allen appeared
for the county and U B. Dunick for the
lilaintiiT. The decision of Judge Mo
Bride in sustaining the demurrer ends
the case so far as the Clackarr.aa county
circuit court is concerned. Had the de
murrer been set aside, the case wou d
have gone to trial before a Multnomah
county court, as a change of venue had
been agreed to.
OHEUON PIONEER ASSOCIATION
Thirty-first Annml Re-l'nlon Will
Be Held lu Portland June 17.
Arrangements are being made for the
holding of the thirty first annual re-union
of the Oregon Pioneer Association,
to be held in Portland on Wednesday,
June 17. All persons coming to, or born
in, the original territory of Oregon prior
to February 14, 1850, without regard to
where they now live, are eligible to
membership. Beginning with June 15
Pioneer headquarters will be opened on
the top floor of the city hall, where
badges may be secured from toe eevre
taiy. Geo. H. Himes.
The formal program will be given In
the Exposition building Wedneeday af
ternoon, June 17, and will include the
following numbers. Music by Brown s
band ; prayer. Grand Chapiain D. B.
Gray, 1851, Portland; annual address,
Hon. V VV. kulton, Astoria ; music, by
band ; occasional address, O. C. Apple-
gate, Klamath rails agency ; music oy
baud; benediction, chaplain. At the
close of the program the Pioneer Wom
en's Auxiliary will give a banquet to all
members in good standing who have tue
proper badge for 1903. Special invita
tions will be Issued to the husbands or
wives of Pioneers, who may not be pio
neers themselves, upon application to
Mr. Himes. Reduced rates have been
granted by all transportation companies
lor those desiring to attend the reunion.
ELEVENTH GRADE ABOLISHED.
Tenth and Eleventh Grades tt be Con
solidated. Election of Teachers.
The board of school director at the
regular meeting Monday night voted to
abolish the eleventh grade in the public
schools of this city, beginning next year.
It was decided at the same time to revise
the coarse of study and incorporate in
tbe tenth grade the principal branches
now taught in the eleventh. Arrange
ments were made for the graduating of
the pupils wbo now constitute the tenth
grade some time in January next year.
In alolishing the eleventh grade the
board will etiect a small saving to the
district in the matter of salaries and
number of teachers to be employed. By
dispensing with this grade, tbe district
will not be obliged to build an addition
to some of the school buildings which
would be a necessity it the grade were
maintained for the reason that tbe school
buildings are now taxed to their full
capacity.
At Monday's meeting, the hoard de
cided to hold the annnal election of
teachers in the Oregon City Schools on
Wednesday, Mav 27. There are to be
elected alxmt fourteen teachers and a
city superintendent. Teachers wbo are
now employed in the city schools desir
ing to continue In their present places
are requested to notify the board to that
enect in order that the selection of a full
list of teachers may be expedited and at
the same time avoid the possibility of
subsequent vacancies occurring in the
corps of teachers by failure lo Qualify.
The annnal school election will be held
on the third Monday In June when a
successor lo Charles Caufleld, the retir
ing chairman of the board, will be
chosen. No names of probable candi
dates for the directorship bave been
mentioned thus tar.
Will Sea taa President.
The board of directors have decided to
give the pupils a half holiday on Thurs
day, May 21, the a ay President Roose
velt paseea through this city. Classes
will be dismissed for the afternoon.
JLDGK McBRIDK XAIES Bl'LINO.
Tender f Tax Money Not Heren'ary to
Litigate Title to Land.
Judge McBride has ruled that the
plaintiff in an action to quiet title to
property sold for delinquent taxes does
not have to tender in court the amount
of the taxes paid thereon before he can
litigate further as to the title. The case
involved was that of the jUdstone Real
Estate Association against T. F. Ryan,
being a suit to quiet title to the Glad
stone Chautauqua Association property
near this city.
The rulina- was made on a plea In
abatement filed by the defendant wbo
claimed that the plaintiff did not bave
the right to further press the suit to quiet
title until the amount of taxes advanced
by the defendant had been tendered in
court. Over 800 lota belonging to the
association are concerned in tbe suit, the
property having been bid in by Judge
Ryan at. delinquent tax sale. A stipula
tion has been reached between tbe par
lies in the litigation whereby the plain
tiff company has the riuht to sell and
dispose of any lots involved in the suit
during the pendency of the litigation up
on paying the amount of taxes claimed.
It is likely that the suit will soon be set
tled. Harvey K Cross, of this city, who
owrn the bulk of the stock in the Glad
stone Real Eitate Association, reports
that the company is in bet er financial
condition than it has been for years.
With the advance in real estate values
that ia now lie inn experienced, Mr. Cros
expects the company will soon be able
to liquidate all claims snd place itself 00
a substantial footing again. .
A decree of divorce was rendered in
the esse of Lyda Miller against Wm. W.
Miller. ,
Judge McBride has adjourned the
present terra of tbe circuit court until
Jane 2.
SEWER I'LASS WERE ALTERED,
Cllj Aathoritiei to Take Sleps To
Lt sen the Danger of rlre.
A meeting of the city council wa held
Monday evening, when the plans of the
sewer to be constructed in Sewer District
No. 3 were slightly altered. Instead of
following Twelfth street as was originally
planned, the course of the conduit has
been ao changed that it will follow the
creek.
A communication was read from the
board of fire underwriters of Portland in
which the city waa notified that unless
better fire protection be atTorded the
rates of insurance will be advanced in
this city. City Recorder Curry was di
rected to draft an ordinsnce re-establishing
the fire district in Ibis city. After
some fuither discussion, Mayor Diniick
was instructed to confer wilb the water
commission in an effort to have the city's
DumDS near the mills enclosed in a brick
building. In their present condition the
pumps could not be operated in case of a
fire at the mills because of their near
ness to those manufacturing institutions
and the absence of any protection from
the fire.
Bids for digging the sewer in District
No. 3 will be opened the latter part of
U e week and another special meeting of
the council may be held at tbe end of
the week, when the contract for building
the conduit will be let. At the same
meetins it is likely that tbe ordinance
granting to Judge t. F. Ryan a franchise
ior tbe building and operating of an elec
tric railway line and elevator system
over that part of the city known as tbe
Bluff, will come op tor Onal considera
tion of tbe city fathers.
THE OLD
mm.
I VV
1
lV.,c?i
w mm
Absolutely Pure
THERE tS NO SUBSTITUTE
AGAINST THE PAItt
IVIItlong for Referendum on
Lewis k Clark Appropriation.
W. ft. U'Ken "ays Referendum Can
not be Invoked on say Act of
Last Legislature.
W. W. Meyers, a prominent Clacka
mas county !4ociaht, waa lo the city
Saturday with two petitions signed by
about forty persons, asking that the
Lewis and Clark fair appropriation bill
be submitted to the electors of the state
through the referendum. Upon the ap
plication of Mr. Meyers, County Sleight
bas certified as lo the signatures on the
petition to the effect that the names of
those subscribing thereto are found on
tbe registration books of the county and
are qualified voters. These are the only
referendum petitions 10 which County
Clerk Sleight bas certified.
W. 8. U'Ren, of this city, father of
the Initiative and referendum, is of the
opinion that the referendum cannot be
invoked at this time on any act of the
last legislature. He insists tint the pro
visions of the referendum act do not be
come operative until the expiration of
the ataiutory ninety days following ad
journment of the legislature, or May I'l.
The referendum amendment provides
that petitions for tbe reference of any
legislative act mnst be filed within ninety
days after the adjournment of the legis
lature and for these reasons Mr. U'Ken
contends that Hie referendum is not
available lor any act of the last legisla
ture. Even if the referendum was
available at this time, it is the belief of
the author of the law that it cannot be
invoked on the face of the petitions with
reference to the 10O Fair that are being
circulated for toe reason that the peli
tiona are alternative in their construc
tion. Tbe substance of the petitions is
tlMt the question of the fair expropria
tion kIihII be submitted to tbe electois in
llii4 or at a special election to be con
vened prior to tlMt time. Tbe law en
acting the referendum amendment ex
presly provides thai all pelilious for tue
reference of any legislative act mii-t
slate lefinhelv the elivtl.'ll at Which tilt
subject elmll li' iibiiniied.
lr U'Kei. if -d an to the valid
ity f the reii-ri'inluiii Ixw and thinks it
w ill stand the tei-l of tl.e courts, but he
considers that an attempt if being made
to employ tbe measure before it ia legal ly
ava lable.
ANOTHEB PETITION.
W. W. Myers 00 Monday filed with
County Clerk Sleight petitions signed by
about 420 peopie of CUckamss county,
asking that ttie Lewis and Clark ap;uo
priation bill be referred to the people;
tl-ough tbe referendum. Clerk Sleight
will investigate the registration books of
the county and certify es to whether or
not the signers: are leg" I voters of the
county. With tue en-eption of perhaps
a score of names, the signers to the peti
tions aere obtained entirely from people
residing in tbe interior of the county.
THE NATIONAL GUARD CAMP.
May Be Seletled at American lake
Near Taconia for this Fall.
A telegram from Tacoma says: Mxjir
R. K. Evans, Adjutant-General of tbe
Department of the Columbia, spent yes
terday in Tacoma and vicinity. The ob
ject of Major Evana' visit was to inspect
the site at American Lake, which has
been purchased by the state to be used
as an encampment ground for the state
militia. Before returning to Vancouver,
Major Evans will inspect three sites that
are said to be available for military man
oeuvers ip tne state of Washington, and
on his report will undoubtedly depend
tjie selection of a place where the militia
from three states will mobilize in Sep
tember together with troops from the
regular army in the annual encampment.
When seen by your correspondent Ma
jor Evans said that the site selected
must have good water, sandy or gravelly
ground with slope enough to carry away
imparities, railroad and transportation
facilities and an open country, giving
free scope for the movement of large
bodies of troops. 4
Ai the site chosen there will be mobil
ized this fall some 4000 or 6000 soldiers.
Tbis includes tbe militia from the states
of Washington, Oregon and Idaho, as
well as the regular troops. In company
with Captain Griggs of tbe National
Guard, ond Secretary Wbitehouse, of the
Chamber of Commerce, Major Evans
spent a portion ol the day looking over
the site at American Lake, and from re
marks that he dropped he seemed to be
well pleased witl the location and the
surroundings.
RELIABLE
1 1