9
To buy and sell the usu-
al or unusual needs of
farming people requires
such a medium as the col-
umns of the Enterprise. Try
a classified ad,
Each week tb SaterpriM .
carries a full rum t tt
most impertaat kpeinea
S throughout . tb etatft and
nation. It's worth year sub-
scription. . '
OGO'I
CI
OS
I lrff
3
OREGON CCTY, OREGON, FRIDAY, AUGUST 5, 1921.
FIFTY-FIFTH YEAR No. 30.
OK
Y
' ESTABLISHED 16
awley Divorce
Suit Is
SUPREME COURT REVERSES DECISION OF JUDGE
BAGLEY, LEAVING PLAINTIFF AND
DEFENDANT MARRIED
SALEM, Oregon, July P.O. Revers
ing ;'ne decision of the lower courts)
in the case of Majorie Hawlf-y, versus
Williard P. Hawley, Jr., the supreme
court Saturday dismissed the suit,
leaving Mr. and Mrs. Hawley roamed
The decision, written ty Justice
George M. Brown, grants tc Mi s. Haw
ley all costs from both suits in tha
circuit and supreme courts!
The decision, reversing that of
Judge George R. Bagley, came as a,
complete surprise in one of the most
sensational of divorce cases.
The decision, handed down by the
supreme court reads:
This is a suit for divorce by Mar
jorie Hawley against Willard Hawley,
Jr. The original complaint was filed
November 21, 1919, charging the de
fendant with many acts of cruel and
inhuman treatment. On December 30,
1919, defendant filed his answer, con
taining a denial of all the alleged acts
of cruelty, with a cross-complaint for
divorce, alleging the cruel and inhu- j
man treatment of defendant by plaint
iff. On February 4, 1920, plaintiff
filed an amended complaint, contain
ing additional charges of cruelty, in
paragraph 20 of which plaintiff
averred that defendant at divers and
sundry times would insist upon hav
ing sexual intercourse with her in an
-unnatural and criminal -nanner. On
February 24, 1920, and pending the
trial, the defendant filed a supplement
al cross-complaint, setting forth said
paragraph 20 of plaintiff's amended
complaint as a further cause for di
vorce. Said cross-complaint alleged
that the charges and accusations so
made by plaintiff in paragraph 20 of
her amended complaint and in her
testimony, "were entirely false, and
maliciously made by plaintiff with
"knowledge of their falsity and with
intent to degrade defendant in the es
timation of the public and persons
present at said trial ." It also
averred that while testifying as a
witness in open court in this cause,
the plaintiff did falsely and malicious
ly accuse the defendant of offending
against morality and decency. Based
on stipulation, the trial judge entered
an order that the allegations contain
ed in defendant's supplemental cross
complaint be considered as denied.
The hearing was begun on February
16, 1920, and continued each judicial
day thereafter until and including
February 27, 1920. Fifty-one wit
nesses were examined, whose testi
mony comprised 1443 pages. Depo
sitions were 'taken, and many exhibits
offered and received in evidence. It
was stipulated by and between the
parties that certain persons desig
nated by a list of names submitted by
counsel for plaintiff, if present, would
testify to the good character of plaint
iff, and that those designated by a list
read by counsel for defendant, if pres
ent, would testify to the good charac
ter of the defendant.
Based upon the findings of fact an I
conclusions of law. the court, on
March 1, 1!20, decreed that defend
ant was entitled to a divorce and to
the custody of Eva Odele Hawley, the
Mr Hawley Sr., were originally op
posed to the marriage, but finally ac
quiesced. The testimony' shows that at the
time of her marriage, plaintiff was
a popular, vivacious girl, of pure
character, with a pleasant and soc
iable disposition; that the younjg
people of her set were among the best
n ijrejon city ana were very ronrt
of her. Defendant was an industrious
youig man who had inherited the
only child of plaintiff and defendant
From that decree plairtitf appeals.
BROWN, J.- Willard Hawley, Jr.,
and Marjorie Fraker were married
at Trinity Church, in Portland. Ore
gon, March 11, 1916, in the presencts
of their immediate families. He ww
twenty-six, and she was less than a
month past eighteen yearv f age. He
was the only son of a very wealthy
manufacturer of paper. She was the
laughter of Mr. and MrsH. A. Fra
ker, who. for some years, had lived
Pt Cegon City. Mr. Fraker was a
traveling salesman. Both Mr. and
great busines ability ot both his fa
ther and mother. After marriage they
were constant companions, and ap
peared to their fric-nds to be a happy
couple. - They were not separated for
more than two or three weeks at any
time during their wedded life. On
October 30. 1917, their babv girl, Eva
Adele Hawley, was born. For nearly
four year they lived together as hus
band and wife. Notwithstanding their
apparent devction to each other, they
had frequent domestic troubles, and
on many occasions defendant request
ed the plaintiff to leave and to give
him his freedom. However, after each
of these differences, boch forgave
and promised to forget.
Finally, duriag the month of No
vember, 191S, a difficulty arose that
was not condoned, and a Uyr days
thereafter plaintiff filed a complaint
for divorce. Defendant denied and
countercharged. There was crimina
tion and recrimination by the parties.
Eact forgot the vow to love and cher
ish. Each forgot the value of a good
name. Duty to the Infant daughter
Oismisse
:
was disregarded. - A mutual contest
of defamation followed.
At tha conclusion of the trial, the
court held that the plaintiff Had con
l.tned the acts oomnlained of. ami
that she had failed to establish such
chanjes by a preponderance of-the
evidence. Moreover, because of plain
tiff's failure to establish one parti
cular charge against defendant, the
defendant was granted a divorce and
the custody of the child, and Marjorie
Hawley, at the age of twenty-two,
was, by decree of the tri:il court, -li
ves! ed of all interest in the proper
ty of "Willard Hawley, turned out into
the world penniless, and deprived ot
the comfort of the little child that
she went down into the "valley of
the shadow. of death" to mother. Is
that decree equitable'
The contract of marriage entered
into between Willard Hawley ar.
Mar jorie Hawley cannot be canceled
at the will of either or both of them.
The sovereign state of Oregon has an
interest in that contract It is the
policy of the state not to destroy, but
to preserve, the status of marriage.
The commonwealth of the state of
Oregon regards marriage as right
and divorce asi wrong, except for cer
tain designated reasons established
in court by clear and satisfactory
procf.
In their acts of crimination and re
crimination, the parties hereto have
overlooked the principle mat a di
vorce is a remedy for the innocent
against the guilty ,and not a relief for
wrong against wrong.
It was the duty or the plaintiff to
prove the averments of cruelty alleg
ed m her complaint by clear and
ratisfactory evidence, before she
would, under any condition, be entit
led to a decree of divorce. The trial
court, in an opinion of record, refer
ring to the matter contained in par
agraph 20 of plaintiff's amended com
plaint, terms it a serious accusation,
and says:
"Every person accused of a
crime is presumed to be innocent
until the contrary is shewn. This
presumption applies in xhis case.
"We have, therefore, the testi
mony of the plaintiff that- the
defendant attempted to commit a
crime "(against morality) and the
emphatic, positive denial of the
defendant. According to" plain
' tiff and defendant equal credit
for truth, there is no preponder
ance in favor of the plaintiff up
on the charge named. Thft de
fendant's testimony is, however,
aided by the presumption sug
gested, which balances the scale
in favor of the defendant."'
The court pi-opr-rly neld that the
charge contained in paragraph 2t
was not established. After a careful
stuaj or the entire record, we are
convinced that the plaintiff utterly
failed in her attempt to prove that
defendant committed the offense al
luded to -n said paragraph 20.
It i3 maintained that the plain
tiff's accusation and her failure to
stablish the same entitled the de
fendant to a divorce. In this, we
cannot pgree. The mere failure of
plaintiff to prove the truth of her
assertion does not establish the alle
gation of the cross-complaint. In our
statement we have referred to tht
fact that the defendant filed a cross
complaint and sought affirmative re
lief, based upon the allegations con
tained in paragraph 20 of plaintiff's
amended complaint and on plaintiffs
testimony. The defendant must es
tablish that allegation iu his cross
complaint by the same degree of
proof required of the plaintiff. In
other words, before ho is entitled to
a divorce, he must establish to the
satisfaction of the court by a clear
preponderance of the evidence tb.it
the alleged charge of cruelty was
false and made maliciously and with
out probable cause. It :s provided
by section 810 of cur code that:
"The party having the affirm
ative of the issue shall produce
the evidence to prove it ."
The record in this case does not
authorize a court of equity to annul
the marriage contract txisting be
tween the parties hereto. We have
viewed all the exhibits and read with
much care the entire record. "We be
lieve that the public welfare does not
require that the testimony heard in
this ill-fated suit should be preserved
in our reports, -hence we have re
frained from quoting therefrom.
The decree entered by the lower
court should be reversed and the suit
dismissed, and it is bo ordered. Plain
tiff shall recover her costs and dis
bursements on appeal, and in the cir
cuit court.
' Burnett, C. J., and Bean and Johns,
JJ., concur.
SUIT IS FILED
Suit to recover $750 together with
interest and attorneys fees was Insti
tuted in the circuit court Thursday by
T. N. Hagennurger against G. B. car
ega. The money is alleged to be due
for a year's rent to property 14 miles
east of Milwaukie.
ALBERT G. MANGERS,
LOCAL SALESMAN. IS
t
KILLEDIN ACCIDENT
Truck Hit By Train While
Crossing S. P. Track At
Dallas, Oregon
Albert G. Mangers, of Salem, who
for the past few months has" been in
the employ of the Oregon City Auto
Company as a truck salesman, and
who was injured at Dallas, Or., Tues
day morning in a collision with a
Southern Pacific locomotive, died at
11 : 30 a. m. Wednesday in the Dallas
hospital, according to word received
by relatives. Funeral arrangements
are incomplete, but burial will be at
Salem under the auspices of the Elks"
lodge, of which Mr Magers was a
member.
Mr Magera and a nephew, named
Roth, had just started the truck across
the Southern Pacific tracks on Church
street, when the engine hit the ma
chine. Mr. Roth apparently saw the
approaching locomotive as he leaped
from the truck before the engine
struck it and escaped uninjured. Mr.
Magers, who is a large man, was un
able to leave the machine and was
caught between the steering wheel
and back of the seat, receiving what
were believed to be internal injuriesHa
skull was fractured by the force the
mpact.
Mr. Magers was the son of the late
Dr. W. B. and Mary J. Magers. and a
brother of the late Judge J. E. Magers
He is survived by two young daugh
terss, Helen and Mary, three sisters,
Miss Minetta Magers and Mrs. W. F.
rhompson of Portland, and Mrs. Sarah
Woodington of Salem, and a brother.
James Magers, of Dallas. MrMager
also is survived by a large number
of irther relatives, and was well
known throughout Oregon and Wash
ington. MRS. HAWLEY
DID NOT WIN
SAYS LAWYERS
That Marjorie Hawley was the van
quished and Willard Hawley the real
victor, notwithstanding the decision
of the Supreme Court setting aside
the divorce granted the young hus
band by Judge George R. Bagley, is
the summary of the result as con
tained in an interview had Monday
with Harrison Allen, senior council for
Mr. Hawley in the strenuous litigation
which has engaged the attention of
the Courts and the intense intereat
of the public since November, 1919.
Mr. Allen said: "Answering the manv
requests for a statement on the re
sult of the Hawley case, I have thii
following to sas'."
"The decision in the Hawley cas
as been characterized as a victory
for Marjorie Hawley. It is quite to
the contrary. She left her husband
absolutely against his will and in
spite of the earnest solicitation of his
parents and himself that she remain
It was Marjorie Hawley, and not WiV
lard, who brought the suit for divorce,
alleging various acts of cruelty on
his part. She asked $5000 temporary
alimony, $1500 suit money. $15,000 at
torneys' fees, a division of her hus
bands property, or $132;000 in cadh
instead, the custody of the minor
child and $250 per month for its sup
port. "Willard Hawley's position was one
of self-defense, born of necessity, ami
the divorce finally granted to him,
and to which I think he was clearly
entitled, but which the supreme court
set aside, was largely on account of
testimony given by her at the trial.
Her case was dismissed What has
she pained? Nothing that she asked
What has she" accomplisned? The
breaking up of a beautiful home, a
complete and everlasting estrange
ment from the love and association of
her estimable young husband and
from the affection and tender solici
tude of Mr. and Mrs. Hawley Sr., who
were at all times eager and willing to
shovsr upon the young couple and
the winsome granddaughter all that
the heart mieht wish for and all that
"heir great wealth could buy."
Both Grant B. Dimick and Harrison
Allen declined to inform the Enter
prise as to the future plans of their
client, or what, in their opinion, the
final outcome of the case may be. Tbt
loca! public awaits with unabated in
terest the next move in the matter.
Woolen Mills Have
Capacity Orders
Chicago, Aug. 2. Woolen mills in
the Mid-West have a fair amount of
orders on hand and may be expected
to run at capacity on these orders for
two months. Wages in woolen manu
facturing are fairly satisfactory but it
is expected further reduction will fol
low further cuts in living costs. ,The
prices for light weight fabrics for next
spring will be on about the same level
as at the present, with some possible
reductions in cloths made from the
finer grades of wool. . "
Los Angeles, Aug. 2. A new $650.:
000 woolen textile mill to replace a
plant destroyed by fire will be erected
here by the Golden State Woolen Mill
company.
LOW COSTS
INDICATED
BY REPORT
That the costs oC material , and
labor are actually on the decline, and
that the decrease is appreciable rather
than purely theoretically, is the Indi
cation of the semi-annual reports of
the county clerk and county treasurer,
which have just been completed.
With an increase in the actual
volume of road w'orfc probably over
100 percent,- the Increase in the cost
has been .almost negllgable During
the six months ending July 1," 1921,
the county expended on roads and
highways $265,496.12, an increase of
but $14,80S.57 over the corresponding
period for 1920.
This proportionate decrease accord
ing to County Clerk Fred Miller, is due
to the decline in the cost of material
which the county is using, and the
lower wages that are being paid. Iu
1920, the average wage was from $4
to $d. in cases running as high as $
Labor Pay Is Less
The average wage, paid for common
labor today is $3, and for special help
running seldom higher than $4.50.
- The volume of the work has mater
ially increased, an index of the activ
ity being contained in the number of
warrants issued for road work durin
a month's period. At the pay day in
July, the office issued 2340 road war
rants. Last year 1400 warrants was
considered an exceptionally heavy
month.
Administration expenses for the
county show an intrinsic decrease over
a similar period last year. During the
first six months of 1921 salaries and
general expenses of the entire count
totaled $60,283.28 against $62,582.40
for .this period in 1920.
Road Expenditure Heavy '
Road work has called for one of
the heaviest expenditures in the coun
ty. Of the total of $265,496.12, the dis
bursements were divided as follows,
general road fund $96,62!) 39, market
road fund, $13,200, special road fund,
$67,216.70 and district road fund, $90,
449.34. The general county fund, according
to the report of the clerk, contained
at the end of the period, $77,236.24
voted for use on general expenses
which is unexpended by the county.
A similar surplus, above expenditures
and outstanding warrants exists in
the special road fu2u, totaling $123,
584.71. A surplus, voted for market
roacs, and on hand as an unexpend"!
asset totals $66,806.75. These funds
lav been voted for special purpose.?
and cannot be applied to expenses or
roads other than those for which they
were originally intended.
School Costs High
According to the treasurer's report
the total expenditures in the school
funds for this period were $278,550.92.
This figure includes, the special school
funds, and city ana county funds.
The treasurer's report shows a total
balance on hand of $481,043.99. This in
cludes the available assets in 19 differ
ent special and general funds.
The report of the sheriff of taxes
collected during the term shows $870,
P93.33. Of this amount, $833,226.06 was
collected upon the 1920 tax roll.
The total number of warrants out
standing total $366,477.70. The re
port shows that of the $1,700,000 bonds
authorized for road purposes, $250,
000 have been ordered issued and $73,
500 actually sold.
Clackamas County
Bridge Contract Let
Contracts for the bridges on Tryon
and Sucker creeks, with paving on the
bridge floors were awarded to the
Warren Construrtion company by th."
highway commission Thursday. The
i-ontiact price is $5CSS.
The commission also sold $2,000,000
in highway bonffs, ' bearing five anl
one-half percent interest. The bonds
sld at a premium of $2910 above par.
Contracts for 2s! 6 miles ot road wo"k
wero awarded, at a total cost of $117,
30.10. - Without warning came the slump
in the bids of contractors Tt was not
an isolated instance, but man after
man bid low. Many were far below the
estimates. The explanation is that
labor is now easier and more efficient,
materials are being supplied promptly,
railroads are making deliveries with
out delays, and the prices ror mater
ials sre dropping somewhat.
AH told, it is said that the efficiency
of labor and the prompt delivery of
materials and the cither factors repre
sent about 30 percent with a contrac
tor. Local Man's Father
Dies in Nebraska
Word of the death of Wiiliam Klebe
formerly of the Highland, district and
more recently of Utica. Nebr., has
been received by his father, Albert
Klebe. of J." Q. Adams St. The de
ceased died of complicated stomach
trouble Sunday evening at eight
o'clock at his home in TJtica
He is survived by his widow; four
children and two sisters, all of Ne
braska, and sisters, Mrs Ferdinand
Kraxbei'Ber of Macksburg: Mrs. W. R.
Kraxberger Mrs. Henry Welk, Mrs
Enima Fryrer, all of Oregon City, ami
Mrs. Henry- Moehnke of Highland and
one brother Albert Plete of Beaver
Creek.
Art er a three year sojourn on a
farm at Highland, Mr. Pie be moved to
Nebraska, about ten years ago.
ENRICO CARUSO, NOTED
OPERA SINGER DIES AT
NAPLES; WAS ILL LONG
Acute Peritonitis is Fatal to
Tenor; Operation Fails
to Save His Life
Naples, Aug. 2. The golden voice of
Enrico Caruso is stilled forever. The
gallant and spectacular fight which
the world-famous tenor has wage:?
against disease ended this . morning,
when Caruso died here from acute
peritonitis, Mrs. Caruso was at the
bedside. Caruso's death was not un
expected. The attending specialists
had announced last night that the pa
tient was sinking rapidly,' and that
he would barely .survive another 24
hours, even if he held out that long.
Strength Fails
At midnight it was announced that
Caruso was dying. His strength was
ebbing swiftly and already the death
coma was hovering over him.
The physicians were in constant at
tendance and continuously administer
ed restoratives, but the battle was
ended.
Caruso became ill last week and
was brought from Sorrento to thi
city, where the facilities for medical
treatment were better.
Four specialists were retained. "Up
on diagnosis It was round that the
singf-r was suffering from an abces:
between he liver and the diaphragm
Caruso was very weak and his lungs
had suffered from the strain of pre
vious illness, but an operation was de
cided upon as the only means of sav
ing Lis life.
. Death Follows Operation
Acute peritonitis followed the ope
ation and Caruso s condition grew
steadily worse over Sunday and Mon
day. He knew that death was near,
but maintained his old-time cheerful
ness.
Mrs. Caruso and the singer's brother
were constantly at the bedside, giving
sucti comfort as they could.
By Monday night Caruso's hear
was fluttering so feebly that camphor
was administered. It was reported al
so that oxygen was administered.
NEEDS MORE FUNDS
SAX.EM, Or., Aug. 2. Approximate
ly 50,000 forms of application apor.
which the Oregon bonus can be paid
are being printed as a result of
meeting of the state bonus comm
sion held here today. These forms
when printed, are to be distributer
among the ex-service men before the
actual cash receipts from the bond
issues are at hand It was said by
Adjutant-General White that this pro
c-edure would result in avoiding un
necessary delays.
The commission had no announce
ment to make of the method of dis
trfbutioA, but said that its policy of
eliminating every preventable delay
would be followed in the distribution
method, as in all other matters.
That the bonus law failed complete
ly to take Into account the magnitude
of the task in fixing the appropria
tion for cost of bonus administration
lias given the commission a serious
problem which has been under dis
cussion and consideration for some
lime. The law gives the commission
$30,000. with which to defray the cost
of operation for two years in creating
a $30,000,000 building and loan agen
cy. That sum is said to be barely
enough to install the necessary equip
ment and to operate for a period of
four or five months, instead of twa
years.
Paving on Island
Hill -Road Finished
The Island Hill road, at Milwaukie,
which has been undergoing improve
ments, was opened to traffic Satur
day. This paved stretch, completes
with one exception, the hard surface
highway from Portland to Salem. The
Can by-Aurora piece is ' the only one
which is not yet paved.
Work has been started on the re
pair of the Abernathy Bridg-e and
Parkplace road. This road, a mile in
length has been closed, traffic beintj
detoured through Clackamas heights.
Plans are under way for the Im
provement of the South End road and
the Mount Pleasant-Central Point
road. Plans , have been referred to
the engineer to determine if these
improvements can be made with the
funds available under the bonding act.
The South end road is to be im
proved with eight feet of cement and
eight feet f macadam side by side,
for a distance of two miles. The Mt.
Pleasant plans call for a 16-foot pave
ment as. far as the schoolhouse, and
a nine foot pavement with seven feet
of macadam, from there on to the
end of the two miles.
One mile of bond roa'd has already
been completed by the city of West
Linn .
LICENSE IS ISSUED
A marriage license was Issued by
the county clerk Friday to John V.
Pitman, 39 and Minnie Preslau, 33,
both of Portland.
'ay. Day Here,
Four Get Wo
COUNTY MAY HAVE TO GIVE SALARIES TO TWO
SPEED COPS; LEGAL ACTION TO COLLECT
HAS NOT BEEN STARTED YET
Monday, Augast 1, was pay day for
county employees.
- But pay checks were not issued for
the county health officer and traffic
cop. And the question "Who gets the
money?' still continues to be an
enigma.
When the- county court ordered the
pay of these officers held up, in order
to attempt to force a setlement f-f
the contest over the two positions, it
was generally believed that the com I
would subsequently prdei the offi
cials which it had appointed paid.
But the" judge and commissioners
had not taken any official action yes
terday evening.
Suit to collect from the countywili
probably be issued in the case of the
traffic officer, C. J. Long, who under
the appointment as a deputy sheriff
has been working for practically a
year, conducted his duties last month
despite the squabble over the po.si
tion due to the appointment of R. E.
Wagy by Judge Cross. "
The. county court, furthermore, wi'i
be responsible for " the payment cf
Wagy's salary. Wagy, operating un
der a state commission, will receive
no compensation from the (governor's
office.' The appointment, made by the
governor in order to give Wagy police
power denied by the sheriff, was with
the express understanding that the
county was to assume all liability for
Wagy's compensation as well as for
his operations. -
Special Fund Provided
Long has been paid out of .the
i-heriff's budget fund, and this money
cannot be appropriated .except over
ihe signature of the sheriff. The traf
fic officer whopreeceded Long was
payed out of the road fuud, over
which the county court has jurisdic
tion. But . in spite of its desire to
hold up the traffic officer's ' salary,
LOCAL BOY
DISAPPEARS
COMPLETELY
Diinward Carl Clark. 13 year old
.on of Mr. and Mrs. Ward R. Clark,
Route 3, Oregon City, disappeared
Tuesday, July 26.
No trace of the lad has ben found
despite the search instituted by both
his rarents and the authorities.
At 12:30 o'clock last Tuesday, the
boy took his wheel and started out
to get the mail, from the family bos
on the main road, a mile from the
house. Becoming worried, by 4:30
o'clock, his mother went out to look
for him, and found no trace of the
lad. The mail was still in the box.
Neighbors said they had seen nothing
of the boy, and no trace cf him has
been found in the vicinity of his home.
No Reason to Leave
The boy, acording to his parents,
had never showed any Intentions of
leaving the bouse. He had never left
the home before, and there had been
no trouble of any nature. His young
er brother, however, recalls some re
marks that Dunward made, to the
effect that he would see him. "if bo
did come back." These however,
were of the sort that most lads would
make from time to time when the
dea of leaving home appeals moment
tarily. There are a number of rela
tives of the family in the county,
-but these have neither heard nor seen
of him. His disappearance remains a
complete mystery. No trace . has
been found of the wheel which ho
was riding.
Boy Wore Overalls
Dunward, who will be 14 this Au
ust, was dressed when he left the
house, in blue overalls, a blue shirt,
and kahki cap. The wheel which he
was riding was equipped with differ
ent kind of tires on front and rear
wheel, and a squakky horn instead of
bell.
The lad himself is bine eyed, and
has light brown hair, which is rather
traicrht, Altho tanned, he is naturai-
Iignt complected. He har. a scar
on his chin and two scars on one of
is bands, as well as a bad ecar on
he large muscle of his right arm. The
scar on his chin is not very notice-
ble.
The address cf the family is Route
Oregon City, and the phone Paci
fic 4 F-ll.
ad is Hit by Auto;
Not Seriously Hurt
Harry Roberts, young son of "Mrs.
Edith Roberts, South iQrJjgon City,
was slightly injured at 3:30 o'clock
Tuesday afternoon " when he was
truck by a Ford machine owned by
W. A. Jones, 1141 E 25th street N.
Portland.
The lad was playing in front of
Huntley's drug store, and ran out In
to the stret ba front of the oncoming
car. He was taken to Dr. Mount's of
fice, where it was found that his in
juries were not serious.
Check
no appropriation for Wagy's compen
sation has been made, either from the
road fund, or any other fund.
The oflicial records do. not show
-that Long was appointed a traffic of
ficer, but name him officially as a de
puty sheriff. In this capacity, to
serve with pay, he was appointed by
the sheriff and confirmed by the coun
ty court. ' " N "
" This leaves moted the question of
whether or not the court has the
right to name a . traffic officer, anl
whether the administration of traffic
regulations comes under the head of
the court's province or net. ."Up until
July 1, however, Long was tacitly con
ceeded as trafic officer, and has been
officially performing the duties of the
offieo under the direction of the -sheriff,
and drawing the pay of the
office under the budget o. k.'d by tha
commissioners at the beginning of the
year. -
Two Checks Imminent
Under these circumstances, th-3
county may be forced to pay two sal
aries If Long takes the matter into
cour; and can show official title to
the position of deputy sheriff, at a
specified salary, and at the same time
the county is forced, under agreement
of the court, to pay Wagy, the com
munity coffers may cough up twiM
instead of once.
The court remains taciturn. Judge
Cross stated last week that he under
stood the state of affairs, but refused
to give public information. And the
court so far has declined to take offi
cial action.
The health officer's case does not
present an immediate difficulty due
to the state- law provision that the
officer shall be payed at least quar
terly. No action can be started legal
ly to collect the health officers salary
until the culmination of that time
which "is this "September.
RECALL OF
BOND ISSUE
IS HELD UP
The initiative petition, Instituted .
by Clackamas county Pomona Grange
to recall the unspent portion of the .
$1,700,000 road bond issue voted by
the county last year, cannot be filed
by the county clerk This was the legal
opinion handed down Thursday by Dis
trict Attorney Lavy Stipp.
The petition is signed only by the
five members of the grange commit
tee, and Attorney Stipp holds that
this is irregular, as the law calls for -initiative
measures being signed by
15 percent of the" voters of the affect
ed district.
The signatures on the petitions are
furthermore not attested
Large Sum Unsold
. Under the authorized bond issue,
$250,000 in bonds have been ordered
issued, leaving $1,450,000 Of the
amount ordered issued, but $73,500
have been sold.
Members of the grange who are in
terested in annulling the bond issue
ay that the defects will be remedied
and the petition presented again in
proper form.
The members of the committee are
C. E. Spence, master of the state
grange, E. C. Glover, of Boring, A. F-
Sloper, Oregon City Route No. 3,
Henry Thiessen, Milwaukie and H. B
Davis, Estacada.
Opposition Expected
It is generally expected that thi3
effort to recall the bond issue will be
contested and taken to the courts.
Those favoring the bonds hold that
when the voters approved the propo- -sition
they made. a contract with the
county which they cannot annul, par
ticularly after some of the bonda
have been sold.
State Grange Master Spence say3
the supreme court changed Its mina
and reversed itself on this bond issue
and he thinks the voters have an
equal right to the same privilege.
- "If we can't refer the bonds we
want to know it," said Spence, "There
is no doubt but what there has been
a big change in sentiment with the
voters, and if this matter "can be sub
mitted again, I am certain that tha
bonds will be recalled by a large ma
jority. " As it stands now roads can
not be paved under the limit imposed
by the voters, neither can the bonds
De sold at par, as is also provided." .
ROAD IS CLOSED
The road over the Baker bridge has
ben closed, due to an accident on tha
bridge. A truck went, through the
planking, and traffic has been detour
ed pending the repair The bridge
will be opened next week.
GAME IS SCHEDULED
The West Linn fire company team,
which last Sunday defeated Wilson
ville 4-to-7, has scheduled a game with
Stafford . The. game will be played
on the West Linn High School grounds
at 10 o'clock Sunday morning.