Oregon City enterprise. (Oregon City, Or.) 1891-194?, August 12, 1921, Image 1

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a classified ad.
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carries a 63 wiiwt Z tho
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FIFTY-FIFTH YEAR No. 31.
OREGON G1TY. OREGON. FRIDAY, AUGUST 1 2, 1 92 1 .
ESTABLISHED 186S
OREGON
-Q-& r
GOVERNOR
SMALL IS
ARRESTED
TRAFFIC COP
PAY IS GIVEN
TO R. E. WAGY
ILLINOIS EXECUTIVE
- PUT UNDER BONDS
IS
Warrant is Served by Sheriff;
Action Protested Tho
Official Submits
SPRINGFIELD, 111., Aug. 9. Gov
ernor Small was arrested shortly
after 5 o'clock today by Sheriff Hen
ry Mester of Sangamon county on
warrants charging the governor with
embezzlement of state funds. The
arrest was made at the executive
mansion.
The governor was placed in the
'sheriffs automobile and rushed to
the courthouse, where bonds of $50,
000 were arranged.
Bondsmen for the governor are Roy
and Harry Ide and C- H. Jenkins, di
rector of the stale department of
public welfare.
Governor Small protested against
his arrest. When his bond was given
a paragraph was added by the gov-
ernor's attorneys. It read:
"The above bond is given by Len
Smail, governor of the state of Illi
nois, under protest that he is not
subject to arrest during his continu
ance as governor of said state."
Sheriff Mester went to the execu
tive mansion shortly after 5 o'clock,
in accordance with a "gentleman's
agreement" made this afternoon. The
s-heriff was accompanied by onei of
his deputies, Ora Lemon. They were
escorted into the executive mansion.
FOUR NEW TEACHERS
"Of all the words of tongue or pen,
the sweetest are. these: 'Enclosed
please find check .' "
The Question of who gets the
monthly pay warrant for the per
formance of the duties of traffic or-
flrw? is evidently settled in the
mind of the Clackamas county court
Saturday a warrant was issued to XI.
E. Wagy, in the sum of $166.66.
For the past month the position
has been contested between the de-
nutv aDnointed hv the sheriff, and a
state agent operating under the direc
tion of the court. The court controls
the county funds. Wagy was tne
courts appointee.
C. J. Long, the sheriffs oeptuty.
has been conducting the duties of the
office too. If it will be possible for
him to collect his pay, ne prooapiy
will not be able to unless the matter
is taken into the circuit court.
Money appropriated for the pay
ment of the traffic officer is technic
ally not included in the sheriff s bud
get, although Long has been drawing
his pay on the sheriffs payroll, and
receiving the funds provided for the
payment of traffic officer. Long's ap
pointment as a deputy was confirmed
by the court, although he was never
actually named traffic officer. He
bad, however, been performing Vi-i
duties and receiving the salary.
When the contest over the position
arose and Sheriff Wilson refused t'
deputize the court's appointee and
remove Long; the county court ap
pointed its own traffic officer, and
these funds were used in payment of
Wagy.
The controversy arose over the
fact that the sheriff's office refused
to be "dictated to" by the court, and
refused to consider the fact that its ,
deputy had used some of his time aid
ing the office in moonshine -raids, as
sufficient cause for his dismissal.
Just what action will be taken by
the sheriff's office to collect pay for
its deputy, who has not been dismiss
ed, and who is still serving, is net
known.
Co-operation in the matter of en
forcement of the traffic laws is di
vided between the court and the
sheriff with little agreement as to
either men or measures.
1 Drain" U on Public Purses
OREGON CrTY SCHOOLS
Contract For Wiring in New
Gymnasium Awarded to
Portland Firm
Four new teachers have been elec
ted fur the Oregon City schols, Horn
er F sAker, of Yamhill, who vill teacA
manual training in the grades and
science in the high school, and Mar
garet Cooke, of Silverton, ami Minnie
Le Freeman and Katie Hefner of
Poi tlnnd, for the grades. " Two of
thesf! teachers were selected to f.ll
vacancies due fo the resig Vticris f
Miss Aileen Townsend. ol ihe h'-h
school corps, and Miss Esthei Traffe.
of the grade. Both of those teachers
, have been elected in the Portland
schools.
The Main Electric Co., of Portland
lias been awarded the contract for
wiring the now gymnasium building
now under construction, the contract
price being $58S.9o. and c. W. Fried
rich & Son, of Oregon City, received
the contract for the finishing hard
ware on a bid of $248.23.
The school board is devoting con
sider&ble thought to the develop
ment of playground apparatus at th
Barclay and Eastham schools, and
proposes to add to the equipment of
swinys, slides and teeter-totters
Dire trfrs Meissner and Cox are mak
ing tn investigation.
Th. portable building, used for
number of years to house the manual
training: department, and which h
recently been moved from ihe high
school grounds to the Kastharn
erounds. is being fitted up for a
grade school room under the directiou
of Directors- Roake and Meissner,
who will also have, installed another
drinking fountain at the Eastham
building.
Director Hedges . has been- author
ized by the board to investigate thi!
propose change oi grade- on Harn
son s-treet adjacent to the Ea"sthaiu
school building, in order to deter
mine if the interests of the school
district property is protected.
Temporary License
System State-Wide
SALEM, Ore., Axyt. 4 The new
state-wide temporary automobile
license have been issued The new
ones are yellow, having the name of
the county in which they are issued
printed on tnem in iddit!on to a
temporary number and date of expir
ation. This will mark an improvement in
the state system of protecting itself
against automobiles running without
license. Many counties throughout
the Ktate have not bten protected and
frequently machines have ben seen in
the city with a home-made placarl
on which is scrawled the message,
"License applied for." The new state
wide system will enable an officer to
tell at a glance whether the owner of
the machine has complied with th
law and the owner can be easily
traced in case of accidents or theft.
Dennis Russel Said
Alive and in Hiding
Lakeview, Or., Aug. 9. That Den
nis Russell is still alive and some
where in the hills of Lake county is
the statement of Charles Potts, a
former resident of Roseburg and
personal friend of Dennis Russell for
a number of years and now a rancher
and mechanic of Summer Lake aud
Paisley.
This story was brought here Mon
day night by the Paisley stage driver,
who said he heard Potts make the
statement in the dining room of tho
Chewaucan hotel at Paisley.
According to the stage driver.
Potts said that nt more than two
days ago he saw Russell and talked
with him, Russell having stopped &l
the Potts ranch on Summer lake for
gas and oil. v ,
Upcn being asked if he was sure
the man with whom he was talking
was Russell, Potts said he was as
certain that it was Rnseil as he was
certain of the identity of the men
with whom he was talking. He also
stated that he believed that he could
locate Russell within a few hours
Russell told Potts, according to the
stage driver, that he was afraid to
return to Roseburg until the Brum-
field affair had quieted.
It is the opinion of many people in
both lakeview and -Paisley, who have
heard this rumor, that Dr. R. M
Brumfield, as well as Dennis Russell,
are alive and are somewhere in the
hills of northern Lake or Klamath
counties.
Clackamas county paid last year $75,849 in taxes
that were levied for dependency, covering state institu
tions, county dependents and widows pensions, accord
ing to figures in a report just issued by Chester I Carl
isle, of the University of Oregon. Mr. Carlisle's find
ings are rather illuminating and his comments are educa
tional, but his report shows that while Clackamas is
credited with 984 inmates of institutions,; 743 of these
are in private institutions receiving public funds, which
are located in only three counties of the state. We have
however 1 38 inmates in the state" hospital for the insane.
32 in the feeble-minded school, 24 in the training school
for boys, 5 Sn the girls industrial school, 1 2 in the peni
tentiary, 1 1 in the tuberculosis hospital, 6 in the deaf j
school, 3 in the blind school and 1 0 in the soldiers' home.
This county extended last year aid to 33 persons, on an
average, at a cost of $ 1 7,05 1 , and we spent $1 4,496 for j
widows pensions. I
An astounding feature of Dr. Carlisle's report is in j
the statement that in the state are 65,423 individuals.
8.35 per cent of its population, who are not normal,
either mentally, physically, socially or morally. Exclud- j
ing petty offenders and probable remedial cases, we
have 45,000 persons, who "caused practically all tax ex-
I penditures in maintaining police, constables, sheriffs,
courts of criminal jurisdiction, jurors, witnesses, jails,
reform schools, penitentiaries and all state, county and
city institutions, homes, hospitals, free dispensaries,
clinics and other agencies engaged in caring for, treating j
and otherwise assisting the mentally and physically
handicapped, the delinquent and the dependent."
Extracts of the Carlisle report appear in the current
number of the Oregon Voter in tabulated form. After j
excluding the known cases of insanity and those of gross
mental defect, who by the fact of segregation will do lit- j
tie further damage to society ,v Carlisle finds about 29,000
persons, who as actual delinquents or dependents at
j large have shown themselves to be social liabilities
"They are," he says, "the unrecognized, inadequate per- j
sonalities of the world. They are a constant drain upon
the public purse. They are a constant menacq to the
orderly and successful progress of the state.' Exclusive,
therefore, of all types of social inadequacy and of all
1 cases requiring lifelong segregation, we find that the
I great bulk of the public expenditures for the relief care,
I treatment -and training of the - misfits of nhe state is
caused by appoximately four per cent of its inhabitants.
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.ey Ca
Respondent Requests Supreme Court to Reconsider Verdict
In Noted Divorce Suit; False Charges of Crime
Cited as Grounds for New Decision
Su
it Commenced
Against City Ha
ORDER ASKED RESTRAINING CONSTRUCTION OP
NEW MUNICIPAL BUILDING ON SITE
IN M'LOUGHLIN PARK
Petition for rehearing in the di
vorce suit of wlllard P. Hawley, Jr.,
vs. Marjorie Hawley has been, filed in
the supreme court The petition and
brief were served Monday afternoon
on Wallace McCamant, one of the -at
lorneys for Mrs. Hawley.
The petition will serve as a stay in
proceedings, and the supreme court
will not issue a mandate in the case
until the application has been passed
upon.
In the petition, filed with the court
it ia cited that the court committed
the following! errors:
1. In holding that the plaintiffs
accusation and her failure to estab
lish the same did not entitle the de
fendant to a divorcee.
2. In holding that the mere fail
ure of plaintiff to prove the truth of
her assertion did not establish the
allegation of defendant's cross com
plaint. .
Decision Held Wrong
The petition further says:
"First, that the very foundation of
the right to a divorce on account of
charges of criminality made by one
party to the marriage relation against
the other, lies in the failure to es
tablish such accusation by competent
evidence, or in other words that the
unsuccessful attempt to prove the ac
cusation furnishes ground for divorce.
' Second, that the failure to prove
the truth of her assertion establishes
its falsity; that on account of such
falsity the charge is presumptively
malicious and made without probable
cause, and it follows that the defend
ant is) entitled to a divorce on ac
count thereof."
Other extracts from, the respond
ent's brief, which was written by his
chief counsel, Harrison Allen, fol
low: "Sympathy' Charged
We cannot help but conclude, that
but do these facts outweigh both th
law and. the evidence so as to de
prive a citizen of the benefit of that
consideration which the law com
mands shall be accorded to rich anc
poor alike. We" are also mindful of
the fact that such a decision may
perhaps touch a popular chord, very
often tuned, however, entirely out -of
harmony with the ends of justice. It
is right, as our Supreme Court has
repeatedly held, to perpetuate rather
than to destroy the holy marriage re
lation, but it should never be done
when one or the other has been
guilty of conduct absolutely destruc
tive of all future peace and happiness
between tne parties involved.
Home is Wrtcked
What is a home anyway, without
the love and respect which should ac
company the marriage status? Will
it recreate In the heart of the de
fendant that love and respect which
the record shows he bore plaintiff
before she drove him away without
cause, when, upon his bended knees
he begged her not to sue him for a
divorce? Will it renew his confi
dence and affection to compel him
to again live with a woman who has
both in print and in speech branded
him as a pervert of the worst type?
Can the court expect that its decree
has accomplished any. good under all
thei pirjmmsia-nces erteting in this
case? You cannot legislate or decree
I into the home, love, affection, and
respect when it , is not merited or
when the conduct of a party has driv
en it out. Everyone has admitted
that were it not for the heinous
charge personally, preferred and per
sonally and publicly declaimed . by
Marjorie Hawley against her hus
band, neither would be entitled to a
divorce, but nothing "else in the case,
nor other consideration furnishes the
slightest excuse for not giving the
in rendering its decision, the court j husband the relief which her conduct
was -moved by considerations of sym
pathy for the woman involved, and
consequently overlooked the import
ant legal questions which have (guid
ed our foot steps for almost. half a
entitled him to.
Marjorie Began Suit
So far as the disposition on the
part of the defendant or his parents
to turn Marjorie Hawley' out penni-
c-entury. We realize that our client I less into the street, there is no foun
is wealthy for a young man, a few j dation in the record for such conclu
years the senior of his wife, and the j sion.
son of a wealthy paper manufacturer, j We submit, that there has not been
shown -on. the part of either the de-'
fendant, or his parents, the slightest
disposition to pauperize the plaintiff,
in spite of the horrible accusations
made against an honorable, up-right
husband, and its effect upon his dear
mother and father, who had always
loved and cherished Marjorie Hawley
and ; the grand child as their own.
What a return for their untiring ef
forts It was the plaintiff who, against tho
tearful protests of the defendant, and,
ihe heart-rending entreaties of . his
poor mother, drove the defendant
from the home and- closed the door
against the truest and most loving
affections she will "ever possess if
she should live unto eternity.
Alimony Is Granted
It was Marjorie Hawley, not Wil
lard, who began this suit and thereby
not only sought to deprive him of
the society of his little child, but to
acquire a fortune of one hundred and
fifty thousand dollars. His defense
was largely based upon things he
discovered after she" had sued him.
Poor, unsuspecting- man, of far less
experience than she, despite the few -
years difference in their ages. For
a woman of her vears she can be
safely classed with those of twice .
her age.
Her conduct in this case merits no
encomiums, while his cross-complaint
based upon the false charges of
mminality is something she herself
created, wholly careless as to the
consequences, which she ought to
suffer.
In conclusion we venture to call the
Court's attention to the dangers and
legal obstacles which will arise and
forever confront the court and liti
gants, if we undertake to embody in
the Oregon law, the features which
seem to have influenced the decision
in ' this case.
We submit that a rehearing should
be granted in this case, and a divorce
given to the defendant on account of
the false charges of crime preferred
against him and not proven. What
ever disposition the court desires to
make of the custody of the child, or
whatever provision it is deemed pro
per shall be made for its support, the
defendant will cheerfully accept.
Neighbors Argue;
Fight; One is; Fined
An argument over some sheep which
led to the arrest of H. Kmox,.of Bor
ing Tuesday Kmox was- disputing
with .V. Enabnit because the) sheep
had started grazing on his land, and
the heated argument resulted in a
fistic encounter.
Kmox, who was arrested by Con
stable Fortune, plead guilty in Judge
Noble's court and was fined flO.
Clackamas Recorder
Visits Boyhood Home
Wiien J. G. Noe, Clackamas coun
ty recorder, was eleven years old.
he lived on a farm near Cedar Camp
at EasTe creek. That ws " saveral
years aeo quite. Since then, Mr.
Noe had never visited the place un
til just last week-end when in com
pany with his wife, and Mr. and Mrs
C. E. Forshner, he visited Cedar
Camp in the vicinitv of Seorge.
The partly left Saturday night, re
turning Sunday evening. They hiked
around the country despite the in
tense heat.
"The Cedar camp" is a wonderful
place." said Mr Noe. "The country
is picturesque and well worth visit
ing. Mr. Noe described a number
of the places which he knew as a lad.
that he visited again last Sunday.
"And when you get out there," he
remarked, "it doesn't seem so long
ago"
Suit to prevent the city of Oregon
City from building a city hall in Mc
Loughlin park was filed in the circuit
court Saturday.
The complaint was filed by Grant
Dimick in the name of Mary E. -Nor-ris
and Mary R. Cauf ield and names
Oregon City with the mayor, recordoi
and councilmen as defendants.
According to Judge Dimick, no
temporary restraining order will be
asked against the city, in order to
prevent work on the site, as the city
officials as well as those filing the
suit are anxious to have the matter
cleared up, and the legal status of
Mclaughlin part as a city hall site,
settled. By tacit agreement, the city
will not continue the work on the
building. The setting of stakes for
pressly for nark and public purposes,
Tho complaint further sets forth
tional ground, and that the proposed
building there would by destroying
such playgrounds, jepardize the peace
and safety of the city.
The plaintiffs document sets forth
the fact that considerable funds have
been expended to improve the park
and that if the city is allowed to con
struct a municipal building upon thi
site, that all of the money spent for
the beautification cf the plot will be
wasted.
1 McLoughlin park has been the "pub
lie property of Oregon City since
1851, when on January 7th it was
deeded to the city by John McLough
lin.
The main legal point involved is
whether or not land set aside for
urc "u WU1 constitute an tne . park purpo&eS can be used for muni
actual construction that will hp (innn. . . n-i, -
, . i i 1 1 tl uuiisiruttiuii Biles. xie saum
mis worn was done last Friday. question came up in a recent Portland
ine complaint avers that the build-1 case when the supreme court held it
:ng of a municipal building in the could not be done.
part violates tne terms of tho agree-: Every possible means will be used
ment under which the land was dedl-'to exnediate action in the case in or
cated to the city by John McLoughlin, j der that the matter may be definitely
iuu ndies mat it was donated ex- settled and construction commenced.
Fire in Wood Yard
Causes Heavy Loss
Fire starting about 6 o'clock Sun
day night in a wood and logging camp
three miles west of Oswego and one
and one-half miles northwest of Lake
Grovo on Oswego lake has burned
several hundred cords of wood, has
destroyed a large quantity of green
mnuei aim Biiuangerea much more
wood and 1,000,000 feet of cut logs.
More than 10o fire fighters worked
all night in an effort to prevent the
spread of the flames and 'Monday it
was believed they had the fire un
der control.
The fire early reached the dry
wood and slashing. Fanned by a high
wind which swept ihe ridge west of
the Willamette the flames leaped
high into the air and lighted, thi
horizon for many miles in every di
rection. The Standard Wood company of
Portland lost approximately 750
cords of wood.
Eruption at Mount
Hood Is Reported
RHODODENDRON, Or., Aug. 8.
Discovery of an immense subterran
ean eruption under Crater Rock, on
the south side of Mount Hood, out
of which hot sands poured, was re
ported here late this afternoon by
Chester Tididhel and Orville Zimmer
man, official guides of the Govern
ment Camp hotel, who made a hur
ried trip to the rock following their
daily observations this morning.
"We found a crevice about 50 feet
wide and more than a mile long, 55
'said Zimmerman. "Powerful, hot
sands were working their way out,
and we saw indications of enormous
underground pressure.
"The movement of the sands, ice
cakes and rocks was strikingly reg
ular. The heat was so intense we
could not get near."
The peculiar action caused wonder
ment at the camp hotel. Tho move
ment at the rock was visible but no
smoke eould be seen.
CLACKAMAS COUNTY
GETS THIRD LARGEST
SCHOOL FUND SHARE
Apportionment Made by State
Treasurer; Per Capita
Ratio is Lower
Apportionment of the earnings of
the common school fund has been
made among the counties of the state.
Clackamas will receive nearly $21,000
of the total of over $380,000
The per-capita apportionment this
year hasfallen considerably below any
point which it has set during the
past few years. The fund, divided
according! to the number of children
of school age in the state,, reaches
but ?1.74 this year. Last year it was
$2.02
The common school funds which
are divided represent the interest on
the irreducible state state fund ot
some $6,700,000, obtained through the
sale of school lands. This money ts
loaned out on first mortgages. The
falling off this year, according to
County School Superintendent Ved-
der is due to the fact that the finan
cial conditions have been unsettled
and loans have not been made in the
same volume as formerly.
Farmers are Affected
As the majority of the loans are
made to farmers, conditions in the
financial world having an effect upon
the agriculturists would react direct
ly upon the returns of 'the state
school fund.
Numerous requests have been re
ceiver! by the state to allow more
time for Interest payments. Farmer
in a number of cases are unable to
meet the interest, which has resulted
n the fund's not growing in the same
proportion as former years.
A comparative survey of the month
ly interest earnings of the common
school principal from August 1, 1919,
to August 1, 1920, to August 1, 1921,
showed that in every month with the
exception of May, interest collections
decreased during the latter period.
County is Third
Clakamas county received the third
largest apportionment ,in the state,
being exceeded only by that of Mult
nomah county and Marlon. Of the
otal of $384,985 Clackamas receives
the 221,228 children of school age in
the state. . .
Following is a comparative state
ment of the common school fund in
terest apportionment for the past
four years.
1918
1919
3 920
3921
Number
children of
school age
. 205,684
209,613
213.994
221.2S8
Amount
interest
collected
$376,401.72
408,745.35
432,267.88
384,985.60
Per
capita
share
$1.83
1.95
2.02
1.74
Brain Hurt, Memory
of Accident is Lost
ESTACADA, Or., Aug. 8. F. E.
Burns, superintendent of the Estaca-
da schools, who had been visiting hi3
son Frederick at Enterprise, Wallo
wa county, was the victim of a
strange accident on his return trip.
At Hood River he took an auto and
Tuesday he was found unconscious on
the highway and taken. to the Good
Samaritan hospital. He did not re
gain consciousness) uitil; Thursday,
when the hospital authorities notified
his wife here. She brought him back-
Friday afternoon. He cannot givs
any account of the accident and is
still in a somewhat dazed condition.
The hospital doctors "X-iayed" him.
They said he had had a bad concus
sion of the brain.
Two Residential
Tract Plots Filed
Plats of two new residential dis
tricts in Clackamas county have been
filed in the office of Recorder J. B.
Noe.
One plat, Darlington .Number 4, in
the northern part of the county on the
Multnomah line, is filed by the Jos.
E. Strowbridge Estate company of
Portland. It embraces a tract which
is cut by the county line. Fifty-
eight lots are in Clackamas county.
The tract lies in section 30, township
south, range 2 east.
A twelve tract plat was filed by T.
A. and J. M. B. Sellwood. The
tract, which is in Milwaukie is known
as Sellwood's addition to the jQuinoey
addition of Milwaukie. It-is filed in
the Lot Whitcomb D. I C.
NEW $30,000 DAM TO BE
BUILT AT OSWEGO LAKE
The Oregon Iron & Steel company
will open the Oswego lake dam Mon
day and begin to wreck it, prepara
tory to constructing a $30,00o con
crete dam. The work will be expedit
ed and A S. Pattulo, managing head
of the company believes that the dam
will be completed Mn about 60 days.
The new dam will be located approx
imately on the site of the present
one. It will be 400 feet long, 30 feet
high and architecturally attractive.
It is the intention of the company
to raise the level of the fake about
four feet over the mean average level
at present. This level will be higher
during the -winter, or rainy season,
but it is believed by Manager Pattulo
that the hew mean level will be held
throughout the summer months. .
The construction of the dam" has
been under contemplation since be
fore the world war, and it is under
stood that only tb war prevenled its
construction three years ago.
Just how low the water will recede
Mr. Pattulo was unable, to state, but
old timers say that the original lake
before it was dammed in the '60s wa
two miles long, the present length
being nearly three miles.
This will probably mean that th,?
lake will fall some 30 feet, and that
tne picnickers who for the past vears
have been using the lake for their
Sunday outings will find nothing but
a swamp near the water's edge.
The Oswego Lake Water & Light
company, which receives power for
its lighting plant, will purchase power
from the Portland Railway Light &
Power company while construction is
in progress.
PICNIC DATE CHANGED
R.
DIVORCE IS GRANTED
A divorce was granted Monday by
Judge J. U. Campbell of the circuit
court in the case George D. Hartman
gainst Katherine Mart man. The
order prohibits either rartv from
Mrs. Lester Brunner of Parkplac.e
has been elected to fill the position
S20.946.53. Clackamas has 12,040 of marrying again within six months, the Parkplace school.
The annual picnic of the G- A 11.
and the W. R. C. which was to have
been held at Laurelhurst park August
11, will be held at the Oaks park,
August 13. Inability to secure the
Laurelhurst park for the first date
caused the change. Oregon City and
Portland posts will attend in a body.
Entertainment plans include the serv
ing of dinner at 11:30 o'clock. Thu
picnic is a state-wide affair.