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About Oregon City enterprise. (Oregon City, Or.) 1891-194? | View Entire Issue (Oct. 6, 1922)
QTY FIFTY-SIXTH YEAR NO. 40. OREGON CITY. OREGON, FRIDAY, OCTOBER 6. 1922. ESTABLISHED 18S LIVE WIRES TABLE ACTION ON RECALL OF JUDGE CROSS Move To Appoint Committees To Probe Issue Rejected; Merging Of Organization And Commercial Club Hit. CITY HALL LOCATION EVOKES DISCUSSION Group Will Be Named To Aid Council in Selection of Two Sites To Be Put On Ballot. The Live Wires of the local com mercial club will take no part either pro or con, will make no effort to ward the investigation of the merits of the projected recall of county Judge, H. E. Cross, the organization will aid in picking both an uphill and down town site to be placed on the ballot at the coming election, and will take no steps toward the merging of it self with the Oregon City commercial club proper. These things were decided Tuesday noon at the regular luncheon meeting. A resolution, - providing for the ap pointment of a committee to "investi gate the charges against Judge Cross, and investigate the proposed recall candidate, Fred D. Shank, and report their findings to the organization so that it might properly face the situa tion," was immediately voted down unanimously and without discussion. The question of the site for the pro posed city hall evoked a fire of com ment. A resolution was introduced, providing for the appointment' of a committee of three to aid the council in the selection of a downtown site. City Recorder, Charles Kelly, object ed to the motion to table the resolu tion, scoring the Wires for refusing to take action on an important matter. O. D. Eby interposed with the sugges tion that the matter was not one for the Live Wires primarily, and that having been so often discussed it was one now well left in the hands of the city council. Chris Schuebel proposed that the resolution be amended to read that the committee aid in picking both an uphil and downtown site and put the best possible in both cases upon the ballot. L. A. Henderson objected, saying that the Wires had endorsed the down town location and that no action which would be contradictory in this regard should be -taken. L. A. Morris, in support of Schue- bel's contention pointed to the possib ility of the electors deciding upon an uphfil location and urged the selec tion of the best possibe hill site. "You're bum politicians,'' insisted A. G. Beatie. "If you want to get the city hall down town, pick a poor hill location." Putting the motion to a vote, Main Trunk Price pointed out that previous actions of the Wires had favored the .downtown location. A second vote, with a division of the house was neces sary on the question, the amended res olution, providing a committee to aid in selecting both sites, was passed. A resolution providing for the mer ger of the commercial club and the Live Wires was taken from the table where it had rested for the past two weeks. Sentiment generally favored the keeping intact of the Live Wires organization as against the merger under the direct control of the com-mer.-ial club itself. The plan was de vise 1 following agitation last spring for the organization of a more effec tive means of administration of Live Wiros business and the merger plan was presented, in the discussion it was pointed out that the Live Wires enjoyed both a local and state wide reputation and that any charges which should be made should be to streng then the present organization rather than substitute an entirely new plan. Touching upon the attendance, Livy Stipp pointed out that the special at tractions at the regular meetings always drew good crowds and that the solution of the problem rested in the presentation of more Interesting sub ject matter for discussion or the bringing of speakers to the club with a message of wider appeal. CLERKS OFFICE TO OPEN ON REGISTRATION EVE October 7 Is Last Date; Later Period for Filing Allowed Candidates: Dates Listed, i The office of the county clerk will be open until eight o'clock on the evening- of October 7, the last date for registration of voters before the No vember election. The special arrange ment was made by County Clerk, Fred A. Miller to accomodate those who cannot call at the court house at reg ular iours. Although October 7 is the last day for registration, the law allows until October 12 for the filing of independ ent candidates for county offices. Sev eral petitions are expected to be fil ed before that date. The filing of the recall petition to oust Judge H. SI. Cross, cannot be plac ed before October 14 in order to hold the election in conjunction with the .November general election. If it is filed later than October 18, although it will still be incumbent upon the clerk to call a special election, it can not fall on the date of November 7. j MATT WALKIRCH IS RELEASED ON TECHNICALITIES Habeas Corpus Proceedings In Circuit Court Result In Freeing Of Moonshiner; Campbell Gives Opinion POWERS OF JUSTICE COURT ARE OUTLINED Reincarceration Upon Former Sentence Is Held Illegal After Time Limit Expires. Matt Walkirch, sentenced by Judge E. J. Noble to serve 166 days sen tence to complete a term from which, he was paroled, yesterday walked out of the county jail a free man, follow ing a hearing brought in the circuit ""l la" " l."c rr-HHnns T five court to test the legality of his incar After the filing of the petitions, five t. days are allowed for the resignation j of the officer attacked, in case of a refusal the writ for the election being issued. The final date for the filing of pe titions for city offices is noon, Nov ember 1, as the law requires that they be filed by noon of the Wednesday proceeding the election. Four council men's chairs are to be filled and as yet there have been no filings for these offices: Recorder, city attor ney, treasurer and mayor are also on the list, the recorder's office being-the only one so far contested. TAXPAYER LEAGUE BILL IRKS LABOR FEDERATION SALEM, Sept. 29. A resolution de claring that the proposed income tax amendment, sponsored by the state Taxpayers' league, was "initiated for the obvious purpose of confusing the voters and "killing the grange income tax measure," was adopted by the Oregon State' Federation of Labor, in session Thursday. The resolution points out that adop tion of the proposed amendment "will throw more of the burden of taxation on the small wage earner," and calls upon organized labor to lend its forces to opposition of the measure. The convention also went on record as opposed to any movement which sought to destroy the direct primary and bring about the return to the old convention system of nominating can didates for political office. - The bitterest fight of the convention was waged around a resolution intro duced by the soft dring dispensors urg ing modificiation of the Volstead act and a return of "Wholesome beer and light wines." The resolution was adopted by a vote of 35 to 27, with 21 delegates absent, after an oratorical exchange replete with personalities which consumed most of the after noon. A resolution proposing an amend ment to the state compensation act, The decision of Judge J- U. Camp bell which released Walkirch, was upon the basis that parole power is not vested in the justice court and- that the expiration of the total sen tence passed upon ' Walkirch autos matically released him from custody, regardless of the further action upon the part of the lower court. On December 8, 1922, alkirch was convicted on a moonshining charge and sentenced to 90 days in jail in addition to a $400 fine he was to serve 290 days, but after serving 34 was released upon parole. He was sub sequently arrested on a similar charge but found not guilty by a jus tice court jury. Judge Noble then re voked the parole and ordered Wal kirch committed for the remaining 166 days of the sentence. Last Sunday the period of the or iginal sentence expired and J. E. Hedges, atorney for Walkirch, applied for a writ of habeus corpus. On this hearing, Judge Campbell held that the justice courf had exceeded its author ity in the matter of the parole, and the defendant wa8 released. JERSEY, SOLD FOR $75. SWEEPSTAKES WINNER Cow Owned by D. W. Heppler Big Prize Winner at Fair; Grand Champions Defeated. CONVENTION OF C. E. TO BE IN GLADSTONE COUNTY SALEM, Sept 30. (Special). Clackamas county Won fourth place coaay in tne Dys and girl's club work canning contests. SALEM, Ore., Sept. 29. A Jersey cow purchased by its present owner for $75 walked out of the prize ring at the state fair yesterday winner of sweepstakes honors over four other grand champions representing the milking Shorthorn, Holstein October 6, 7, 8, Is Selected ! As Time For Sessions; Christian Church Will Be Devoted to Gatherings. 100 DELEGATES ARE EXPECTED AT MEET Guernsey and Ayrshire classes. Edith's J Jaoorate rTOgram Prepared For Occasion; Purpose Of Organization to be Topic Oxford Lass, exhibited with three heif er calves, is a 2 year old grand cham pion owned by D. W. Heppler, of Aur ora, who bought her originally from A- D. Gribble, another Aurora Jersey breeder of the fair. MUSCLE SHOALS PLAN ENDORSED BY EAJ GROUP Chester H.'- Gray, Director Of National Organization Talks (To Local Executive Committee; Plan Outlined. CHANGE OF PLEA FAILS TO CUT DOWN SENTENCE R. H. Lattlefield Fails To Get Leniency Upon Appeal to Circuit Judge Campbell. GOVERNMENT USE OF PLANT TO BE SHUNNED R. H. Littlefield, arrested two months ago on charges of illegal pos ession of liquor, will serve the sen tence imposed upon him by the justice court, despite appeal to the circuit court, which ended Friday. Littlefield appealed from the verdict and sen tence of Judge E. J. Noble, and the hearing of the case was set by Judge Campbell in the circuit for Monday. Friday Littlefield changed his plea guilty, and a plea for leniency was entered. Judge Campbell, however, making acceptanee if its provisions j handed out the same sentence as giv- compulsory upon all employers was adopted , by the convention. Should the legislature fail to pass such an amendment steps will be taken to place the question before the voters through the medium of the initiative. State insurance, as administered un der the Oregon act, was highly prefer able to the protection offered by cas ualty companies, it was pointed out by supporters of this resolutiin. UPON TYPE OF COUNTRY RACE FOR RECORDER'S OFFICE NOW 4 HANDED Various types of Federal-aid roads are built in different sections of the country. According to' the Bureau of Public- Roads of the United States Department of Agriculture, this var iation is due largely to availability of materials, volume of traffic, and cli matic conditions. The 18,299 miles of Federal-aid road copletmed on July 31 haa been dis tributed among the eight major types of construction as follows: Graaeo and drained, 2,528 miles; sand-clay, 2,222 miles; gravel, 7.013 miles; water- bound macadam, 456 miles; bitumi- en in the lower court, a fine of $350. In default of the fine Littlefield Mon day will begin to serve the sentence out in the county jail, which will amount to 175 days. Littlefield was arrested at his ranch three miles south of Milwaukie by Deputy Sheriffs Long and Hughes and Constable F. E. Lowe. The eighth annual convention of the Clackamas county Christian En deavor union will be held at Glad stone, October 6, 7. and 8. The ses sions are to be held in the Christian church. More than 100 delegates from over the country are expected to be present at the affair and an elaborate program for the three day period has been arranged. The complete program for the ses sions follows: Friday Evening Rally 7.00, Regis tration Period, Miss Margaret Baker; 7:30, Song Service, Miss Clara Tate; 7:45, Quarterly Rally, Miss Margaret Baker; 8:45, Announcements; 8:50, Social Hour. Saturday Morning Convention 8:30, Song Service; 8:45, Devotional, Rev. H. G. Edgar; 9:15, Conferences; Pray Meeting, Rev G. E. Williams; Mission ary, Rev. G. E. Williams; Social, Mis3 Viola Ogden ; Lookout, Miss Viola Og den; 10:45, Business Session and Reports, Miss. Clara Tate; 12:00, Lunch. Saturday Afternoon 1:30, Song Service and Devotional, Rev. E. C. iFarnham; 2:00, Keynote Address; "Visions of Better C. E.", Mr. G. Evert . Baker; 3:15, Junior Demonstrations; One of Reclamation; Need j 3:30, Intermediate Session, Mr. Hil r r ei I hert Holloway; 3:45, Recreation Per- ror rertuization onown. ,nA M, WiiKPrt wniinwav- -nn Rn- j , -. j& ' ! quet (Pep and Budget). ' j Saturday Evening 7:45," Song Ser ine muscie bjioais nitrate plant t vice: 8:00. Election of Officers; tender made to the government by I 8:20, Address on Christian Endeavor Henry Ford, was endorsed last night World, Mr. W. D. Guy; 8:30, Address by the Clackamas County Farm Bur-: "Living in Better Christian Endeavor", eau federation, at a special meeting, ! Mr. Cliye Saiz. at which a resolution was adopted j Sunday Morning Sunday School favoring the Ladd bill now pending ; an,j church of choice. before both houses of congress. i Sunday Afternoon 2:00, Song Ser- The matter was presented to the , vice; 2:15, "Why a Junior Society?" Miss Bonnabelle Kent; 2:30, "Why an Intermediate Society ", Rev. G. B. Williams; 2:45, Special Music; 2:50, "Why a Senior Society?", Mr. Clive Saiz; 3:05, "Why. an Alumnie?" Mr. G. Evert Baker; 3:20, Special Music (Have Thine Own Way, Lord) ; 3:25, Sentence Prayers; 3:45. De cision Service, Rev. 'James A. Smith; 5:30, Lunch; Sunday Evening 6:15, Pre-prayer Service; 6:30, Christian Endeavor, Mr. W. D. Guy; 7:30, Address "Vic- CLACKAMAS COUNTY IS SECOND AT STATE FAIR High Place In Poultry General Exhibit c CN . Greenhouse 'oV rrize. SALE M, ' Cof. 28. (SDeciat.U Clackamas ct-artty today was awarded secojnd place in the poultry specia prize competition. Clackamas county 'won - seventh place at the State fair for the county exhibit prizes. Jackson county coun ty, with its splendid exhibit of fruits. vegetables, minerals, .- grains and other products, typical of that sec tion of the state, was proclaimed win ner of the first prize in the county competition. Jackson county scored 1014. Polk county finished second with a score of 9S4, Tillamook county third with a score of 967, Benton coun ty forth with a score of 943 and Col umbia county fifth with a score of 930. The Rafin and Herbert greenhouse of Clackamas won second prize for the best greenhouse display. SALEM, Sept 28. New barns to house the livestock exhibits at the state fair and an appropriation of $100,000 for a building to be devoted to the exhibits of boys' and girls' club members were demanded by speakers before the annual meeting of the Ore gon Purebred Livestock association at the state fair grounds here Wednes day night. A committee was named at last night's session to bring in re solutions at the annual banquet of the association tonight covering these de mands. At the present time the livestock exhibits of the boys' and girls' cjub members are occupying oca of the 13 livestock barns on the fair grounds with the overflow exhibits housed in a 40 by bO tent. With a steady in crease in the interest of these youth ful exhibitors every year their pari in the annual livestock exhibit has come to be recognized as one of ma jor importance and demanding spec ial attention. 1925 EXPOSITION MEASURE TO GO ON N0V.7 BALLOT Decision In Supreme Court Sustains Judge Kelly In Action Dismission Suits To Prevent Vote on Bill. ALBRIGHT PETITIONS DECLARED ILLEGAL Failure To Appeal in Fish And Income Tax Cases Is Cited in Final Opinion. STATE LOSES SUIT FOR ROYALTY ON PAVEMENT SALEM, Oct. 2. The state highway commission lost a decision in federal court this morning for $18,635.25 but the full effect of the decision may to tal $180,000 in cost. The case was that of Warren Bros, against Oskar Huber for 25 cents a yard royalty on 74,541,7 yards of bitulithic paving, known commonly of Warrenite. The contract was taken by Huber from the state highway com mission without the Inclusion of the highway since the commission desired a test case to determine if the Warren company was really entitled b the royalty. Huber was guaranteed in his contract that the commission would executive committee xif the' farm bureau by Chester H. Gray, director of the American Farm Bureau who is at present tourings the country in the interests of the operation of the Muscle Shoals plant. The farm bureau also declared itself as against the scheme of government operation of the plant. "The project," explained Gray, "is one of reclamation, as truly as -the j turning of water into the fields for : .- . : . i - . : 1, A . ' Muscle Shoals the plan is to take water power, and use it to create ni trate, which as fertilizer will have a large part in the reclamation of the unfertile and failing soil in the coun try." Gray and Colonel Worthington were the two men who were responsible for interesting Ford in the Muscle Shoals plant, and who urged him to enter a bid for the operation of the Industry. Following the government's request for tenders for operating of the plant, it was upon tne presentation made by Gray and ' Worthington that Ford and his engineers investigated the pro ject Ford's offer, now In congress, fol lowed. The farm bureau federation here last night also recommended to the county court the appointment of H. W. Kanne, Portland Route 5, as a member of the budget committee which will make up the schedule of expenditures for the county for the coming year. torious Christian Endeavor", Mr. Roy Robinson. Le- Independent to Enter Race For Commissioner .t. j intervene and care for the judgment nous macadam, 654 miles; bituminous! , . .t J 6 e 1 ... .on s, i- o IrAl tu l48 Ol SUU. miles ; coucreie. o,ouu K B. Woodward, who for the past two weeks has been groomed as a candidate for city recorder at the coming November election, has for mally filed his petition of candidacy. The race for the recordership yester day loomed as a four sided affair when the entry of Woodward Into the contest - The other three who are running for the job are C W. Kelly, present incumbent, J. K. Morris and J. H. Liz berg. " j concrete, 699 miles; and brick, 287 miles. In the group of States composed of Washington, Oregon, and California, the 1,125.2 miles completed has been distributed as follows: Graded and drained, 248.4; gravel, 498.3; water bound macadam 25.6; bituminous concrete, 56.4; and concrete, 296.5-. Bridges completed total 2.3 miles in length. The' total mileage completed in each state is as follows: Washington, 359.1; Oregon, 462.5 ;: and California 305.5. In addition the mileage under construction or completed and final payment not made is as follows: -4a announcing his decision this morning Federal Judge Ban said that he had read the record and brief in the case with great care and was un able to dissent from the numerous de cisions of a like nature in other states where commissions had fought the so called ''paving trust." Richard Montague, attorney for the Warren company, said thai set tlement of this suit would probably adjudicate other claims of his clients against the commission. In the past eighteen months the Warren patents have expired and the claims lie between the time of the decision of the commission to fight Washington, 17.4; Oregon. 29.6; and, the royy and the date of expiration California. 435.8. of the patents. - Outlying Districts To Give Major Part Of 'Recall Support Petitions for the recall of County Judge Harvey E. Cross will secure the major portion of their support in the outlying districts, according to the indications current at present. S. T. Edmiston, a member of the re- Petitons to place upon the ballot the name of Henry Hagemann, of Logan as the independent candidate for county commissioner have been placed in circulation. Hagemann, who is registered as a Republican, is to run against C. W. Kruse and Roscoe Gard. Kruse in' a hot campaign against Wm. Harris, present incum bent, at the May primaries secured SPEGIAL SESSION, PLAN OF COUNTY TEACHERS A special meeting of the ClacKamas County Division of the Oregi State Teachers association to act upon a series of amendments and to nominate officers for state and county positions, hap been called by J. W. Leonhard, president of the division, for Satur day, October 7. A meeting was call ed for September 16, at which a small minority prevenid the adoption j the resolutions and their further consid eration at the subsequent session was projected. ' The meeting is to be held in the CommerciaUClub rooms beginning at ten o'clock. The program includes music in charge of O. A. Schultz, re port of the nominating committee headed by J. L. Gary, report of the social entertainment committee head' ed by N. W. Bowland, discussion of the "Placement Bureau," the argu ment headed by Brenton Vedder, and a discussion of "Promotion of Better English," led by Mrs. Myrtle G. ToC bey. The amendments to be acted upon are: To Article IV Officers The officers of this division shall be a chairman, one vice chairman, a secretary, a treasurer, and an executive committee of seven members, of which commit tee the chairman, vice chairman, treasurer, and County school superin tendent shall be ex-officio members, and the other three members shall be elective To Article V. Election of Officers. Section 1. All officers of this division shall be nominated and elected im- SALEM, Ore., Oct. 2. The so-called 1925 exposition amendment, which - authorizes Portland to levy a tax to raise $3,000,000 to help defray the cost of the proposed show, will go ont he ballot at the November election. The per cent interest rate amendment initiated by J. F. Albright of Oregon City will not go before the voters at the fall election. No appeal was taken In the so- called salmon fishing case or the ac tion brought to Invalidate the gradu ated income tax measure initiated uy uxa scare sraage, so Dotn of tnese measurers' places on the ballot were denied by the Marion county circuit ccurt. This was announced here today in an oral opinion handed down . ljy the state supreme court. A written opinion covering the two cases is now being prepared, but it is not likely that it will be filed with the clerk of the court for two weeks. The court handed down the oral opinion today to expediate the work of the secretary of state in certify ing the names of candidates and amendments to the county clerks. The exposition case originated in the Marica county circuit court here, but was dismissed by Judge Percy.- Kelly when the plaintiffs refused to make their petition more certain and definite. Appeal to the supreme court then was announced by the plaintiffs. Sam A. Kozer, secretary of state, was named as defendant in the action. Injunction Suit On 1925 Exposition Is Dismissed In Court SALEM, Sept. 27. The injunction suit to prevent the 1925 Exposition tax measure from being placed on the No vember ballot was dismissed this af ternoon by Circuit Judge Percy R. Kelly, and S. S. Johnson and Rogers MacVeagh, plaintiffs and attorneys in the se, are preparing for an appeal to the supreme court to test out the validity of the initiative proceedings. The dismissal followed refusal of the plaintiffs to make the complaint more definite and certain, asked in a motion file by the attorney general, repre senting Secretary of State Kozer. Judge Kelly held that the complaint must specify total number of alleged illegal signatures to the initative pe tition and the number in each county. The plea of the ifefemse that the plaintiff be required to give the names and addresses of the alleged illegal signers was not sustained. the nomination of the Republican party. Gard carries the Democratic medicately after the adoption of this nomination. It is understood that the candidacy of Hagemann is being sponsored by both of the county commissioners who are at Present in office, with the pos sibility cited by some that the move is one to split the Republican vote to favor the Democrat. Two Councilmen Will Make Race. For ReElection R. J. Rodgson, councilman from the call' committee yesterday stated that ! first ward appointed to fill the va in two precincts in the southern end of the county which he had canvassed only four of the registered voters had refused to sign. Edmlston stated that every registered voter i these precincts had been approached. The petitions in Oregon City," it is understood, are not receiving the same general support and signatures are be ing secured with difficulty on Main Street, It is said. Oak Grove Couple Get License To Wed A marriage license was issued dur ing the week end to Joseph D. Mc Allister 24 and Lois Ball, 17, of Oak Orove. - cancy caused by the resignation of R Petzold, and F. H. Cross, councilmen from the second ward, will Beek re election at the November election. Hodgson Monday filed his petition with the necessary 25 signatures, and Cross petition is in the process of circulation. I. C. Bridges, councilman from the fourth ward is understood to have de clined to run. John A. Cameron has filed His petition of candidacy for the seat held by Bridges. The only coun cilmanio seat remaining unfilled is that of J. E. Jack, who was appointed to Ward 3 upon the death of F. E- Albright. Jack, on account of his 111 health, is not seriously considering the race. J. W. Sctt From Canby J. W. Scott, of Canby, was In Ore gon .City on Monday and Tuesday. constitution Section 2. All officers shall be nom inated sometime during each annual Teacher's Institute thereafter or at a regularly called meeting preceding1 the annual Teacher's institute; pro vided such meeting shall not be held more than six weeks prior to the in stitute. Mr. Leonhardt has also announced the appointment of a number of spec ial committees which are: Membership Campaign Committee Mrs. Bessie Cunningham, Chairman, Mrs. Gussie Hull, Mrs. Alma Blaugh, Mrs. Frances Abraham, Mrs. Vesta Clark. Election Commities or" Boards; John L. Gary, Chairman, O. J. Lake, O. A. Schultz. John R. Bowland, Chairman Carl Muendeiv C. O. Main. Social Committee, .N. W. Bowland, Chairman, L. W. Arant, Mrs. Jt,tnei Lansdowne. Resolutions Committee, Supt R. W. Kirk, Chairman, Roma G. White, Leila Howe, Mrs. Florence Moore, Eagar R. Means. Bergholtz Sues -Oregon City for Architect Fees School At Oswego Will Be Enlarged The Oswego school is showing a greatly increased growth over the past year and already plans are under way to add two additional rooms the com ing year. The Oswego school board has equipped one room as a hospital room where first aid is given, using the standard Red Cross equipment. Suit to collect architectual fees, al leged to be due on a contract undei which he prepared plans for the pro posed city hall here, was instituted, against the city Thursday by Edmund Bergholtz, Portland architect. . A bal ance of $750 is claimed by Bergholtz. On June 8 a contract was entered in to between Bergholtz and the city for the preparation of the plans for the building, it was understood that the structure was to co $33,000 but the bids on the plans ran from $40,000 up. After a lengthy period of discussion. Bergholtz secured a contractor to build the hall for $35,000, and the ar chitect required that his fees amount ing to over $1,000 to be paid In addi tion. The bond issue for the build ing was in the sum of $35,000 and the council refused. Bergholtz, however, in his suit main tains that he was to be paid 5 per cent of the contract price of the build ing, and in the event that work on the structure, after the signing of the con tract was subsequently discontinued. he would receive a total of 5 per cent The contract with Bergholtz's contractors was approved by the coun cil, but - in the discussion over the altejraions tnecessay tta bring the price to $35,000, a disagreement oc curred and the contract was not for mally signed. - - Bergholtz had already been paid $300 and asks $750 additional. Came From Estacada. Among those coming to Ojregon City on Tuesday was Mrs. Ella Mallatt, whose home is at Estacada.