To buy and Bell the usu- al or unusual needs of & farming people requires such a medium as the col- G umns of the Enterprise. Try a classified ad. COTY EG?P carries a 63 wiiwt Z tho mst imMteJMk MKR1-8 tfcrughut tke tate. and S nattoa. K'a wostb your autf scrtptle. 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. iii:iiiiiii!iiHiiii!!iiiii!iiiiiiiili!iiiiiiimiiNiimi!iNiii!iinimiiiMiii!iii!iiii!im!!i:Mii iiiifiiiiiiiniiuiimii;iiiinimimimnmiiiiiiimi!!iiiiiiiiiiiimimii!iiimin!iiiiiiiiiiin!inniniHnii!niiiui lean ilm X. - .nlawl .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.