Oregon City enterprise. (Oregon City, Or.) 1891-194?, March 09, 1906, Image 1

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VOL 39. NO 13.
OREGON CITY, OREGON, FRIDAY, MARCH 9, 1906.
ESTABLISHED 1866.
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MOREMAYBE FILED
Candidates May Change Nomi
natint Petitions
DISTRICT ATTORNEY ALLEN SUB
MITS AN OPINION.
Hedges Takes Advantage of the Rul
ing More Candidates En
ter the Contest.
In an opinion written On request of
County Clerk Greenman, District At
torney Harrison Allen holds that un
der the Direct Primary Law a candi
date for nomination to any office may
withdraw his petition, amend the
same or file another petition contain
ing new matter providing it is done
within the time for filing nomina
tions. J. E. Hedges, of this city, candidate
for the Democratic nomination for
State Senator from this county, last
week made application to County
Clerk Greenman to withdraw the ori
ginal notice of his candidacy for this
nomination. In declaring his candi
dacy a few weeks ago, Mr. Hedges
declined to subscribe to Statement No.
1, and shortly afterwards gave an in
terview in which he assigned his rea
sons for not agreeing to vote for the
people's choice for the United States
Senate.
Clerk Greenman promptly refused
to permit Mr. Hedges to withdraw his
original declaration and also refused
to receive for filing a modified an
nouncement of that gentleman's can
didacy until he could hear from Dis
trict Attorney Harrison Allen as to
his rights in the premises. The mat
ter was referred to Mr. Allen from
whom an opinion was received Mon
day.
The object of Mr. Hedges in seek
ing to make a substitution in his plat
form declarations was to subscribe to
Statement No. 1. Of the many candi
C. O. and D. C. LATOURETTE,
ATTORNEYS AND COUNSELORS
AT LAW.
Main Street, Oregon City, Oregon.
Furnish Abstracts of Title, Loan Money,
Foreclose Mortgage, and transact
General Law Business.
W. 8. U'Ben 0. Bohnobel
U'REN & SCHUEBEL
Attorneys at Law.
Will practice In all courts, make collec
tions and settlements of estates.
Furnish abstracts of title, lend you mon
ey, lend you money on first mortgage.
Office in Enterprise Building,
Oregon City, Oregon.
Xivy stipp
Attorney at Law.
Justice of the Peace.
Office in Jagger Building, Oregon City.
J. U. CAMPBELL
ATTORNEY AT LAW
Oregon City, -
Oregon
Will practice in all the court of the state
Office la Canfleld Building.
ROBERT A. MILLER
ATTO R N EY-AT-LAW.
Practice in all courts of the state.
Federal and United States Supreme
Courts.
Room 306 Commercial Building
Portland, Oregon.
Q W. EASTHAM
ATTORNEY AT LAW
Collections, Mortgage Foreclosure. Ab
stracts of Title and General Law Bus
iness. Office over
Bank of Oregon City, Oregon City, Or.
1 L. PORTER,
ATTORNEY AT LAW.
" Abstracts of Property Furnished.
Office with Oregon City Enterprise.
When you require an Abstract of Title
to lands in Clackamas County, have
it accurately and reliably prepared
by a responsible company incorpor
ated for the purpose. Our rates are
reasonable. We invite you to ex
amine our complete set of Abstract
Books.
CLACKAMAS TITLE COMPANY,
606- 608 Chamber of Commerce Bldg.,
PORTLAND, OREGON.
Money to loam on Clackamas. Count?
. Property.
dates for nomination on the legis
lative ticket from this county, Mr,
Hedges was the only aspirant who had
failed to agree to support the people's
choice for United States Senator,
There is in the Ditect Primary Law
no provision covering the contingency
that arose in Mr. Hedges' case, but
in an opinion 'recently rendered in a
like case. Attorney General Crawford
held that no candidate for any nomi
nation under the Primary Nominating
system has the. right either to with
draw his original platform declara
tions or to modify the same after they
have been filed with the County Clerk
or Secretary of State as the case may
be. Both Circuit Judge McBride and
District Attorney Allen disagree with
the Attorney General in his ruling.
Upon receipt of District Attorney
Alien s opinion Monday, Mr. Hedges
filed another petition immediately in
which he subscribes to Statement No.
1 and agrees to support. the peopFe's
choice for United States Senator.
In passing on the question, District
Attorney Allen says: "I find the gen
eral rule of statutory - construction,
particularly in election cases, to be
one of great liberality, to the end that
the will of the people may find the
utmost freedom of expression. As
was said by one court, 'unless the law
is clearly mandatory or in some way
declares the consequences of a de
parture from its provisions' the-courts
will not consider a technical depart
ure therefrom, in the absence of a
showing of fraud."
After quoting Endrich on Interpret
ation of the Statutes," Mr. Allen con
tinues: .-
Summing up these well known
principles, what is not expressly pro
hibited by the terms of the law, if
reasonable and fair, may be allowed.
"To examine the Primary Law in
the particular requested, what do we
find?
"First There is no expression there
in that a candidate may not amend,
or withdraw, or substitute a. petition
if done within the time for filing.
"Second The officer, namely the
Clerk, whose duty it is to receive the
petition, is clothed with a duty
purely ministerial, and can look only
to the form of the pettition and time
of filing.
Therefore, it cannot be contended
that a candidate may not withdraw
his petition and if he do so why can
not he subsequently file a new one, if
within the time for filing? Such con
tingencies might arise as to to make
such a step necessary, for instance,
suppose a candidate, through mistake,
might overlook some provision as to
the form of the petition, or a veri
fication might be unintentionally omit
ted or found to be defective, or sup
pose a candidate having failed to sub
scribe to either Statement number one
or two, and the omission should be
overlooked by the Clerk, or suppose
further that after filing a petition, the
candidate might conclude that it would
be to his advantage to subscribe to
Statement number one, instead of
number two, why, in reason, should
the candidate not be permitted to do
so?
"A man's opponents in primary elec
tions must come from his own party,
and if all are accorded the same priv
ileges, there is certainly no injustice
done. The Clerk, whose duty it is to
receive and file the petitions, is not
permitted to enquire into the candi
date's motives and what matter what
his object, so long as the object of the
law is obtained, and that is. that the
people as a whole, instead of conven
tions, shall express their preference
within the parties of their choice, for
candidates to be voted for at the gen
eral elections?
It is a matter which in no way can
defeat the will of the people as to
their choice at the polls and I think
every man ought to be permitted to
place himself in as favorable light
as possible before his party constituency.
It is my opinion therefore, that a
candidate has a perfect right to with
draw a petition and file another one
containing new matter, if done within
the time for filing nominations.
More Legislative Timber.
The number of aspirants for nom
ination as Representative on the Re
publican, ticket was increased by two
this week, -when ex-Representative J.
A. Talbert, ol Clackamas, and J. H.
Gibson, of Milwaukie, filed their pe
titions and formally announced that
they wHl be candidates for the nomi
nation on the legislative ticket. There
are now about fifteen candidates for
plaees on the Representative ticket
of which there are three to be named.
W. W. Smith's Platform.
W. W. Smith, of Parkplace, candi
date for the Republican nomination
for Representative, stands on the fol
lowing platform:
Tax on public utility franchises as
advocated by State Grange.
Repeal of the law governing , the
burning of slashing.
Election of Road Supervisors by the
people. -
Same fishing ; rights to Clackamas
County fishermen as are enjoyed by
Lower Columbia fishermen and a uniform-
license of gill nets according to
length of net.
Separate appropriation bill for each
item of expenditure of the public
funds.
Law regulating state and private
banks; and the appointment of a
State Bank Examiner.
. That public funds should be loaned
only for the benefit of the public.
Greenman Has Opposition.
Opposition to the candidacy of Coun
ty Clerk Fred W. Greenman for the
Republican nomination for that office
developed Saturday when George Lin
coln Story filed a petition, declaring
that he will be a candidate for this
nomination. It had been expected that
there would be no opposing candidate
to Mr. Greenman who as Clerk is. com
pleting the unexpired term of the late
County Clerk Sleight under appoint
ment of the County Court.
Mr. Story advocates "a careful and
economical administration of county
affairs. , Being summarized, his plat- i
form declaration advocates a reduc-
: CLACKAMAS VOTERS
: DEMAND A NEW DEAL I
L. L. Porter Inaugurates Campaign for State
SenatorPeople Insist on a More
Equitable Taxation Less
Corporation Legislation
L. L. Porter, of this city, candidate for the Republican nomination
for State Senator, inaugurated his campaign last Thursday by holding
an afternoon meeting at Highland and an evening meeting at Beaver
Creek. Both meetings were attended by a large audience of interested
voters whose indprsement of the addresses of the speakers clearly In
dicated a demand for reform along the line of a more equal taxation
and the elimination of the powerful influence of moneyed and corporate'
interests in matters of legislation.
At Highland, S. M. Dunlap presided as chairman, there being a half
hundred voters present." Besides Mr. Porter, C. H. Dye and E. P. Carter,
candidates for nomination on the Representative ticket, also spoke,
pledging that if nominated and elected they will labor to correct
existing abuses to the end that fair treatment but no favors will be
shown corporations in all matters of legislation. The speakers also de
clared in favor of assessing corporations in the same proportion as are
private individuals made to share the burden of taxation. These re
forms, it was urged, cannot be expected by retaining in the legislative
halls, men who are in the hire and paid employ of these corporations
whose every interest they serve, although at the same time professing
to represent the common people. "
A larger meeting was held at Beaver Creek in the evening, Wm."
Grisenthwalte being chairman. The same interest was here manifest
ed by the voters and the same sentiment for reform along the lines of
taxation and corporation legislation was apparent.
Enthusiastic meetings were held Monday afternoon and evening
at Wilsonville and Frog Pond, respectively, the speakers being Mr.
Porter and Mr. Dye, of the Republican legislative ticket and J. C. Pad
dock, of Clackamas, candidate for the nomination of County Treasurer.
At both meetings there was present a satisfactory representation of
the voters of the sections visited and the declarations of the speakers
for a more fair and equable representation of the people's interests in
the state's legislative halls found a responsive chord with the auditors.
At Wilsonville Wm. Scott was chairman of the meeting in which
added interest was afforded from the faci that short addresses were
made by County Commissioner Wm. Brobst arid C. T. Tooze, in addition
to the two speakers from this city, and Mr. Paddock from Clackamas.
The roads in the Wilsonville district are in better condition than are
the roads in any other part of the county with the exception of the road
between this city and Stafford whici a now being built. . At Wilson-
ville the visitors were entertained at the hospitable home of Mr. Tooze
and at Frog Pond Hon.' J. L. Kruse sustained the role of host. The
members of the party thoroughly appreciated the hospitality tendered
and the cordiality of the reception they received and feel under obliga
tions to the good people of the two places visited.
The meeting at Frog Pond was one of the most successful yet
conducted by these gentlemen. The school house was crowded to the
doors, some standing, others contenting themselves by sitting on the
floor while others were unable to get inside the building at all and
patiently stood without the door and listened to the addresses. It
was one of the largest political meetings ever held in that section and
the interest was in proportion to the attendance. Charles Baker pre
sided as chairman. '.
An entertaining feature of the meetings at Wilsonville and Frog
Pond was the singing by Miss Lulu Spangler, of Corvallis, who accom
panied the speakers from this city. Miss Spangler sang a number of
popular songs and her clever work was much appreciated, the delighted
audience insisting on numerous encores. Miss Spangler will probab
ly accompany these speakers on the principal part of their itinerary of
the county during the next few weeks.
There exists, and not without cause, a strong sentiment among
the people troughout the county that they have submitted to a per
iod of misrepresentation on the part of at least some of the legisla
tors from this county for a sufficient duration. They are insisting on a
new deal and demand reform along these lines. They have tired
of living on promises and under the Direct Primary propose to effect
a change.
Mr. Porter expects to conduct meetings in practically every prer
cinct of the county between now and the date for the Primary Election,
April 20. Dates and places of meeting will be announced through the
Enterprise and by dodgers, when arrangements for the same have .been
made.
ALL FLIRTING PROHIBITED.
Socialists Registered as Republicans,
Must Change Registration.
Clackamas county Socialists who
have registered as Republicans, and
several have done so, must modify
their registration and enroll as mem
bers of the Socialist organization or
suffer their names to be erased from
the membership roll of that organiza
tion and forfeit the right of further
communion with the members of that
party. 1
This conclusion was reached Sun
day at a meeting of the Socialists 01
Clackamas county held in this city.
Several of the errant members were
in attendance at the meeting and ex
plained their action by stating that
the registration was made through
a misunderstanding of the provisions
of the Direct Primary Law, they think
ing that it was required of them to
register eitner as Ke publicans or
Democrats in order to participate in
the Primary election or . otherwise
place a ticket in the field:
It was also decided to hold a county
convention of Socialists in this city
baturday, April 7th, when a complete
Legislative and County ticket will be
named. The Socialist organization in
this county numbers about 500 voters
and the action that has been taken in
sisting that the members of the party
stand for the principles advocated by
the organization is taken to indicate
that the Socialist candidates will re
ceive the full party vote in the coming
election.
RESORTS TO ABUSE
Brownell Presents Flimsy Defense
of His Record
HAD MARGIN OF TEN VOTES.
. L. McFarland Elected Chief of Vol
unteer Fire Department.
In the annual election by the mem
bers of the Oregon City volunteer fire
department held Monday, E. L. Mc
Farland, of Cataract Hose Company,
was elected Chief for the ensuning
year over Chris Hartman, of the Foun
tains, the vote being McFarland, 61;
Hartmann,51.
Chas. Burns, Jr., of the Columbia
Hook & Ladder Company, was elect
ed assistant chief, receiving 85 votes
and having no opposing candidate.
Three members of the Board of Fre
Commissioners were elected without
opposition, as follows : Clarence ' Bru-
ner. Hose No. 3, 82 votes; F. Freder
ick, Fountain Hose Company, 95; F.
W. Humphry, Columbia Hook & Lad
der Company, 81.
The new chief has for several years
belonged to the city's volunteer fire
department of which he is an active
member. A few months ago he was
elected chief by the City Council to
fill the vacancy created by the resig
nation of Chief McGinnis. v
WILL GO TO ALBANY.
Clackamas Granges - Elect Delegates
to State Convention.
tion of all unnecessary county ex
penses, co-operation with the County
Court in an effort to reduce the bur
den of taxation and place the county on
a cash basis; believes that every per
son elected to a public office is but a
servant of the people and of whom
only good, honest service and of whom
fair and courteous treatment is to be
expected.
Eli C. Maddock for Sheriff.
Ex-Sheriff Eli C. Maddock, on Sat
urday formally announced that he will
be a candidate for the Republican
nomination for Sheriff at the Primary
election - in April. If nominated and
elected, Mr. Maddock pledges an
economical administration and states
that at no time will he employ depu
ties to do the work that he personally
has time to do. Mr. Maddock's plat
form follows: ,
'Will administer the business of
the Sheriff's office on the most econo1
mical basis ; will at no time employ
deputies to do work which I myself
have time to do; am absolutely in fa
vor of the Direct Primary Law and
every other law which tends towards
taking the. power out of the hands of
the Bosses and putting it In the hands
of the people; I shall treat all citi
zens with equal courtesy and fairness,
regardless of party. or politics."
Contest for Justice and Constable.
Pustice of the Peace Livy Stipp and
Constable H. W. Trembath of District
No. 4, Oregon City, have filed their
petitions and will be candidates -for re
nomination on the Republican ticket
to those offices for a second term. S.
Mosier and S. M. Sinnott, also Repub
licans, are candidates for nomination
as Constable and Justice respectively.
Chas. Ely will be the Democratic
candidate for Constable for this dis
trict. Both Mosier and Sinnott are em
ployed in the paper mills where they
have developed some strength. Mr.
Mosier ha3 for several years been
night foreman at the Crown mills.
In announcing their candidacy for
a second term, Stipp and Trembath
promise, an economical administration
of the affairs of the office. Stipp
promises "Justice to All" while Trem
bath will have no "favorites" but
promises "equal favors to all persons
and attorneys."
Democratic Candidate for Clerk.
Howard F. Latourette, a young at
torney of this city and son of C. D.
Latourette, a prominent Clackamas
County Democrat, has formally an
nounced that he will be a. candidate
for the , Democratic nomination for
County Clerk. Mr. Latourette is a
graduate of the University of Oregon
Law School and one of the young ag
gressive members of his party in this
county.
In filing his petition, Mr. Latourette
pledges himself "to conduct the of
fice of County' Clerk with the highest
efficiency and economy at the least
cost possible to the taxpayer; believes
that a public officer is a public servant
whose duty at all times is to conduct
his office in the interest of the people
and the taxpayers." His motto is
"Efficiency and Economy."; . ,
At a convention of 45 delegates, rep
resenting 16 of the 18 Granges in
Clackamas County, held here Tuesday,
five delegates were elected from Clack
amas county to attend the annual
meeting of the State Grange at Albany,
Tuesday, May 22.
The delegates are: F. M. Gill, of
Garfield; J. F. Fisher, Highland; H.
G. Starkweather, Milwaukie; J. D.
Chitwood, Damascus; Wm. Grisen
thwaite, Carus ; alternates : P. Wag
ner, C. U. Larkins, J. H. Reid, Arthur
Heacock and Jas. Shannon. The del
egates elected are to be accompanied
by their wives who will be seated in
the convention as delegates also.
It is reported that an effort will be
made by the delegation from this
county to secure the election of Wm.
Grisenthwaite as the official head of
the State Grange at the Albany con
vention. Mr. Grisenthwaite has long
been an active and enthusiastic mem
of the Grange and superintended
the circulation of the initiative peti
tions for the Grange tax bills.
ATTEMPTS TO ESTABLISH ALIBI
AS TO HIS INDICTMENT.
The Salaried Hireling of Corpora
tions, Brownell Again Seeks the
Suffrages of People.
A LIVELY TUSSLE.
with that old enemy of the race, Con
stipation, often ends in Appendicitis
To avoid all serious trouble with
Stomach, Liver and Bowels, take Dr.
King's Nw Life Pills. They perfectly
rfctuJafe these organs, without pa'n
or discomfort. 25c at Howell & Jones,
cruggists.
With the consistency that has at
all times characterized his political
record, Senator Brownell, the hired
agent and tool of the railroads and
other corporations with a Federal in
dictment still pending against him, is
before the people of Clackamas county
asking for a re-nomination and re- -election
to a fourth term as State
Senator from this county. He opened
his campaign at Milwaukie last Sat
urday night before an audience of
100 persons, including the members
of the Milwaukie band that was en
gaged as an attraction for the even
ing, and a delegation of the Senator's
faithful lieutenants who accompanied
him from this city. These promoters
of enthusiasm were judiciously dis
tributed about the hall and they were
not slow about punctuating the ad-
dress of the Senator by deafening and
prolonged applause.
Senator Brownell s address might
be divided into three chapters, as fol
lows: First, an abuse of his opponent,
Mr. L. L. Porter, together with the
press of this city; second, a flattering
review of his own legislative record
in the interest "of the dear people,"
and third, an alleged defense of the
Federal indictment with which he is
confronted. .
In the absence of argument, the
Senator, who spoke for an hour and
45 minutes, directed all manner of
abuse towards the press of Oregon
City for the reason that the two pa
pers are opposing his candidacy for
another term. In the height of his
anger, the Senator alluded to the two
papers of this city or their editors as
the "kid-glove aristorcracy", as men
who trod "their dirty and shiftless
feet on the streets of Oregon City",
the "kid-glove aristocracy", as men
sheets", "the paper-collared newspaper
combine", and "the shin-plastered
newspaper fraternity.
- Having relieved himself of this -
choice installment of venom, the Sen
ator then attempted to present a rec
ord of his legislative services that
would commend him to the favorable
consideration of his auditors. As was
to be expected, he claimed all of the
credit for the initiative and referen
dum amendment to the state constitu
tion and declared that had it not been
for his services In this relation the
Primary Nominating election law
would never have been placed on the
statute books of the state. He then
cited a few of the bills for which he
voted, failing, however, to enumerate
a single one of the more important
measures, as affecting the interests of
the people more directly, for which
he failed to vote or work for. He
failed to mention where he was when
the Killingsworth bill was before the
Senate for final vote, neither did he
tell why the measure was not volun
tarily reported to the Senate by his
committee. His memory also failed
him to the extent that he forgot to
tell what became of several other bills
relating to railroads and .calculated to
regulate the business and tariffs of
these corporations that were referred
to the committee on railroads of which
he was a member and from .whence
they were never reported or after
wards heard from.
The third chapter of the Senator's
pitiful plea was an attempted explana
tion of his innocence of the crime
charged in the Federal indictment '
(Continued on page 5.)
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