PK
. The only dally newspaper be-
8 tween Portland and Salem; clrcu-
S les in every section of CUcka-
$ mas County, with a population of 3
S 30,000. Are you an advertiser?
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WEATHER INDICATIONS.
& Oregon City Tuesday, fair; 3
$ light variable winds. 3
Oregon Tuesday, fair; light $
3 variable winds. 5 4
WEEKLY ENTERPRISE ESTABLISHED I 566
VOL. Ill No. 42.
OREGON CITY, OREGON, TUESDAY, FEBRUARY 20, 1912.
Peb Week, 10 Cenw
ATVYOOD PLANS TO
flCIL TO
UPHELD BY COURT
ON CHARTER FIRST
v.' PERPETRATED . BY WALT AVcDOUGALLv
HIGHEST. TRIBUNAL REFUSES TO
TAKE ACTION IN BIG
CONTEST.
NO
EN Tit
OREGON SYSTH4
NEW ARMORY IS
ALMOST ASSURED
COUi
PA
FLY ACROSS OCEAN
i
DARING AVIATOR SAYS HE WILL
MAKE VOYAGE IN
THIRTY HOURS.
LINERS EXPECTED TO GIVE HIM AID
COMMERCIAL CLUB AND COUNTY
COURT ARE ASKED TO
GIVE AID.
REVISED INSTRUMENT WILL LA
TER BE VOTED ON BY
PEOPLE.
ISSUE IS CALLED POLITICAL ONE
Master of State Grange Spence Re
ceives Telegram of Congratu
lations From Attorney
Ralston.
The following telegram regard
ing the decision of the Supreme
Court was received Monday by
C. E. Spence, Master of the State
Grange, from J. H. Ralston,
counsel for the Grange before
the court
"Telephone and Kiernan cases
dismissed for want of jurisdic
tion as presenting political ques
tion. Congratulations to the
Grange."
WASHINGTON, Feb. 19. Practical
affirmation that the principle of the
initiative and referendum, as enacted
in Oregon, is constitutional, came here
today when the United States Su
preme Court refused to take jurisdic
tion in test suits contesting the valid
ity of the laws.
The decision of the United States
Supreme Court which was unanimous,
affects many states where direct leg
islation agitation is before the people.
Chief Justice White delivered the
opinion. He said:
''The issue is political and govern
mental, and therefore is not within
the reach of the judicial power. It
follows that the case present is not
with:a our jurisdiction, and the writ
of error therefore must be, and is,
dismissed for want of jurisdiction.
The decision of the court leaves the
Oregon laws in free and untrammeled
operation unless some contrary action
to override them should be taken by
Congress.
The question of the constitutional
ity of the initiative and referendum
law of Oregon was first raised in an
action instituted by the state of Ore
gon to recover from the Pacific States
Telephone and Telegraph Company,
under the authority of an initiative
law adopted in 1906, a license tax of
$10,450 on its gross earnings. The
telephone company refused to pay the
tax and in replying to the bill of the
state authorities, attacked the con
stitutionality of the amendment to
the Oregon constitution of June 2,
1902, establishing the initiative and
referendum, contending that it was
in conflict with the constitution of the
United tSates, the purpose of which
was to establish a republican form of
government
Later on the question was raised in
the case of Frank Kiernan against the
city of Portland. Kiernan, as a citi
zen and taxpayer of the city, sought
an injunction against the issuance of
bonds by the city to build a bridge.
The bond issue had been authorized
by initiative legislation and the Initia
tive amendment to the Oregon consti
tution was attacked on the same
ground as in the earlier case but oth
er amendments to the constitution re
serving to the municipalities of the
state further rights as to all local and
municipal legislation and prohibiting
the assembly from amending or re
pealing the charter of any municipal
ity, were included in the attack.
Kiernan contended that these amend
ments, In effect, set up a state within
a state in contravention of the Fed
eral constitution.
I Tonight I
The general admission will
3 be 10 cents.
8
$ This is special for the benefit $
of the
OREGON CITY HIGH SCHOOL
' e
In addition to the pictures the J
school will give -the following $
S - j
$ Program:
e
1. BOYS' GLEE CLUB.
2. COME JOSEPHINE IN (MY
FLYING MACHINE.
3. OH! YOU
DOLL.
BEAUTIFUL
The Grand
8
Admission during the after-
noon will remain at 5c and 10c
as usual.
Birdman Will Use Big Machine And
Will Be Accompanied. By
Navigator And
Mechanic.
LYNN, Mass., Feb. 19. "Believing
that I can best prove that the aero
plane may come to stay by making a
flight across the Atlantic, I shall at
tempt such a trip in the early part of
May," said Harry N. Atwood today.
"I believe I have a machine that will
accomplish this feat in thirty hours,
with but one stop, under favorable
conditions."
- Atwood confessed that the machine
would probably be larger than any
previously flown in this country. He
said he would carry sufficient gaso
line to make a 900-mile continuous
flight and when he found his fuel get
ting low would make a landing near
some ocean liner. He declares that
there will be about twenty lines on
the ocean at that season of the year
and it will be an easy matter to pick
up one of them.
Two men will accompany him on
the flight, one mechanic and the other
man acquainted with the sea who will
be able to show him how best to ride
out a gale if one should be encount
ered. Plans for an improved type of hydro-aeroplane
which he will use have
been completed and work of building
is said to have begun.
A life-boat will be the only baggage,
except for a small supply of food.
JERSEY JUDGE NAMED
FOR SUPREME COURT
WASHINGTON, Feb. 19. The nom'
ination of Chancellor Mahlon Pitney,
of New Jersey, to be Associate Justice
of the Supreme Court of the United
States to fill the vacancy caused by
the death of Justice Harian was sent
to the Senate today by President Taft.
In executive session, the Senate,
without discussion, referred Chancel
lor Pitney's nomination to the com
mittee on judiciary, which probably
will make a report next Monday.
The President also nominated
Julius M. Mayer, of "New York City.
to be Judge of the United States Dis
trict Court for Southern New York,
and Ferdinand A. Geiger,, of Cass
ville, Wis., to be District Judge, east
ern district of Wisconsin.
FULTON AND GEARIN
OUT OF SENATE RACE.
Formal announcements Monday by
C. W. Fulton and John M. Gearin,
both ex-United States Senators, that
they would not be candidates for the
Senatorship has done much to clarify
the Oregon Senatorial situation.
Neither Mr. Fulton nor Mr.. Gearin
was a candidate for his party's nom
ination, but each had been urgently
requested by party voters to enter the
contest. Their action in declining to
become candidates means that Ben
Selling is likely to announce his can
didacy for the Republican nomination.
It is expected also that Dr. Harry
Lane will seek the Democratic nom
ination. E SENDS COPY
OF M'INDOE'S REPORT
M. D. Latourette secretary of the
Commercial Club, received from Sena
tor Bourne Monday a copy of the
report of Major J. F. Mclndoe, Corps
of Engineers, with maps, ph the pre
liminary examination and survey of
the Willamette River between Port
land and Oregon City. The report
has been forwarded by H. L. Stim
son, Secretary of War, to the lower
branch of Congress and is now before
the Rivers and Harbors Committee.
The plan provides for a channel
twelve feet deep at low water to Os
wego eight miles above Portland, and
a minimum depth of three and one-
half feet from that point to Oregon
City. The Oregon City Commercial
Club, however, virtually has been as
sured of a six foot depth to Port
land, and a promise of a twelve foot
depth eventually.
JURY RESTS AFTER
PROBING HILL CASE
After considering the Hill murder
case for nearly two weeks, and after
hearing the testimony of more than
forty witnesses, the Clackamas county
grand jury rested from its labors and
while its attitude relative to returning
an indictment against Nathan B. Har
vey, of Milwaukie, is not known, it is
assumed that no indictment will be
returned. District Attorney Tongue
will not be here until next Saturday
at the -earliest and the grand jury will
not reconvene during his absence from
the city. Judge Campbell is holding
court in Hillsboro. There is every
reason to believe that if the evidence
against Harvey as presented to the
grand jury, had appeared as conclu
sive to that body as it does to the
Clackamas officers, that an indict
ment would have been returned forthwith.
KNWYboWM F2rWh f HASHEESH throuoh FRIENDS OF MINE
PSTl NYbuH 'Lh 7 I 1H T?1. SWIPE AND SKIPR BROKERS. J
A DARK WOMAN WITH A HARE. UP AND ) : I Vo0 HAVE VAST EXECUTIVE ABIUTIS,KE.E.N ""
fljCggVI AMPLE ON HfeR'BACK IS OOtNS TO . 1 BUSINESS ACUMEN ANDGREAT ADMINISTRATIVE )
VTgVASH VOURl 'P"" y - ' JL TW.ENT. I SEE AN OFFER FROM ABld. J
11
-s,v,-. ( T SEE A HANDSOME J?)CH, GIFTED J ' ( ,f I SEE. A. FAT MAN IN ) TI
TITLED NOBLEMAN ' maoame ) BLUE WHO THREATENS 1 flll'igialll'IIIBfflti
gfr -Z -L COMING TO YOU ' MAZAIMMA SOMEBODYS PEACE ffilf I
Jp pfc
TT5 simply wonderful how nearthe fortune tellerscometo being GENUINE PROPHETS !
ENTERPRISE AUTO
CANDIDATES ANXIOUS TO KNOW
WHO IS IN RACE AGAINST
THEM.
SEVERAL MORE EXPECTED TO ENTER
Race Will Be Battle Royal And
Entrant Who Works
Hardest Will Win
Ford Car:
Thery're off! The Enterprise Grand
Automobile Contest started yesterday
under the most auspicious circum
stances. All those who have entered
the race were out working bright and
early in order to poll a large number
of votes from the very first, as each
one realizes that tht first place on the
list is the most desired location.
The fact that none of the candi
dates know who is in the race against
them only adds zest to the conest.
Each one is wondering who his com
petitors are and how many votes each
of them have to their credit.
While there are a number already
entered in the contest there are bound
to be more to be in the running. The
opportunity to win a new 8785 Ford
Automobile comes only once in a life
time and few will let the chance to
win this handsome car pass them by
without making an effort to get the
machine. In order to give those who
could not enter the contest yesterday
morning the same chance of winning
the prize as the more fortunate ones
who had early starts, the nomination
blanks will appear a few more times.
Any one who is nominated at once on
one of these blanks will receive one
thousand free votes as a starter. But
as the Contest Managers reserve the
right to withdraw this free vote of
fer at any time, any one contemplat
ing entering the race is advised to
immediately send in the blank.
In this Ford Contest there are no
restrictions as to who may enter the
race. The Enterprise is going to give
this automobile away on the first of
June to the man, woman, boy, or girl
living in Clackamas county who gets
tne largest number of votes between
now and that time. Votes will he
given for every subscription taken for
the Weekly or Daily Enterprise, and
as everybody means anybody, and any
body means you, send in that nomina
tion blank today.
The next time you see a happy
crowa or people out in an automobile
having a splendid time don't wish that
you were in their places enter the
Enterprise Contest and win a machine
for you and your family to enioy.
Automobile weather is at our front
door, and there is no rea3oa for you
to be walking about on hot dusty
walks and roads, wearing out shoe
leather and tempers when by a little
exertion on your part you can be the
happy owner of a handsome new mod
el Ford.
All during the contest the Enter
prise is also going to givo a series
of special prizes from tim i to time
to the person who gets the largest
number of votes in a specified time.
(Continued on page 3.)
CONTEST
BEGINS
JOHN BANCROFT, JR.
Young Delaware Society Man
Who Surd Wife For Divorce.
"i
V
- -
Photo by American Press Association.
E
AND MAYOR AT WAR
In emulation of its larger sister city,
Oregon City, the city fathers of Esta
cada have had a falling out with the
Mayor, J. W. Reed. It is not exactly
known just what is the causes belli.
In this case, however, the citizens ap
pear to think the Mayor is in the
right. The council has become so
bellicose as to intimate that it might
start recall petitions against the
Mayor. It appears that the council
forgot to levy the five mill tax allow
ed by law so that the citizens will
have to forego the time honored pleas
ure of paying $1,500 into the city
treasury for the purpose of construct
ing sewers, streets, etc. Over this,
there is a weeping, and wailing and
gnashing of teeth for the citizens do
love to pay taxes. -
The members of the anti-Reed coun
cil who had a recall attempted against
them three years ago, are going about
the town with a smile upon their coun
tenaces these days. And' the town
prospers. Three houses are being
built in the new addition north of the
old brick plant Four hundred dollars
was raised to assist in building a wagon-road
across Eagle Creek to the
German Burn, or George country, in a
few minutes.
New Oak Grove Postmistress.
WASHINGTON, Feb. 19. Mrs.
Maude Ellis has been appointed post
mistress at Oak Grove, Clackamas
county.
WASHINGTON WAS
FIGHTER FOR PEACE
REV. G. N. EDWARDS DESCRIBES
WORK OF FATHER OF
COUNTRY.
SOLDIER QUALITIES ARE INHERITED
Experience of Great General Gained
Through Military Misfortune
Inspiration Found In
Despair,
The Rev. George N. Edwards, pas
tor of the Congregational church, has
been congratulated by a large num
ber of citizens upon the address he
delivered on Washington at the meet
ing of Meade Post, Grand Army of the
Republic and the Woman's Relief
Corps, celebrating the anniversaries
of the births of Washington and Lin
coln. Mr. Edwards spoke after the
little daughters of Mrs." Killicon and
granddaughters of J. Doremus, recit
ed. The recitations of the children
delighted the large audience.
The Rev. Mr. Edwards said in part:
"Amtricans can well take time to
remember Washington not only for
what he did to make the nation a
possibility, but for what be wag as a
man. We are deeply concerned now
adays to find a way to keep peace be
tween the nations, yet I venture to
think that the soldierly qualities of
General Washington are well worth
our study. He was a man of war
from his boyhood, by temperment and
inheritance, yet few men ever longed
for peace and domestic retirement as
much as he, and certainly no man
ever did more to make a lasting peace
possible for his country.
"It was no accident that Washing
ton became the first soldier of the Re
public. Centuries ,of military ances
tors in England gave him fighting
blood and the military experience of
his older brother Lawrence gave him
an immediate example. The Indian
wars gave him a training school. The
circumstances of the time and his
own spirit did the rest. When but
nineteen he was a major in the Vir
ginia militia and we find him writ
ing, 'My feelings are strongly bent to
arms.' The first time he heard the
bullets whistle about his head, in the
engagement at Great Meadows, he
wrote of it as 'a charming sound.' He
seems never to have felt their bitter
sting. The Indians thought him a
'charmed' person whom no bullet
could hit. He was of athletic build
and prowess, a keen hunter and ready
swordsman. T have a constitution,'
he wrote, 'hardy enough to encounter
and undergo the most severe trials
and I flatter myself, resolution to face
what any man dares, as shall be
proved when it comes to the test'
"That this was no idle boast the
event proved. , Like . his ancestor
Henry Washington in the Civil wars
of England there came a time when
he could say 'I know the worst,- and
fear not.'
"Washington had both moral and
physical courage. In battle he seemed
incapable of fear and no fear of work
or consequences ever deterred him
(Continued on page 3.)
MEETING PLANNED FOR WEDNESDAY
Building Would Be Suitable For Conventions-,
Gymnasium For
Young Men And For
Club Rooms.
The Seventh Company, Coast Artil
lery, formerly Companq G, Third In
fantry, Oregon National Guard, Ore
gon City's contribution to the Na
tional Guard forces of the state seems
to be within measurable distance of a
brand new armory. Local guardsmen
feel that Clackamas county has al
ways been backward in its apprecia
tion of the economic value of a full
equipped national guard armory, and
that it has permitted far smaller, and
more thinly settled counties to get
way ahead. Marion county has long
taken a practical interest in guard
matters and only last week Polk
county opened at Dallas, one of the
finest armories in the Northwest. Yet
Oregon City, one of the oldest cities
in the state neither has an armory,
nor any building fit to be rented for
armory purposes.
At a recent. meeting of the officers
and men of the company R. V. D.
Johnston, a member of the National
Guard Association, Quartermasttr
Sergeant Spagle and Corporal McFar
land were appointed a committee to
meet the Commercial Club, the Coun
ty Court, and other local and county
organizations, and present the cause
of the company. It is planned to
erect a building which shall be worthy
of the city, and which shall be avail
able for public meetings, conventions,
poultry shows, etc., and also contain
a well equipped gymnasium, and
swimming tank available to the young
men of the city.
The Commercial Club, through Sec
retary Latourette, has offered to meet
the Armory Committee on Wednesday
evening and discuss the matter. Ad
jutant General Finzer, in a letter to
Captain Heidy, dated February 17,
1912, says: "I hope you will be able
to secure the co-operation of the com
mercial bodies of Oregon City, and
that every effort will be made. As
you perhaps know, the armory can
be used for other than military pur
poses when not in use by the troops."
Some idea of the importance of the
change which the transformation
from. Infantry to Coast Artillery has
made may be gleaned from the fact
that the War Department values at
$2,000 the range-finding instruments
and manning-table apparatus which
are to be installed. In addition to
this there is to be a full scale model
of a six-inch disappearing gun. Un
der such circumstances the present
armory is not only Inadequate but is
in addition a possible service of ser
ious loss to the company commander,
who is responsible for all equipment.
It is hoped to interest the various
clubs and the churches of the city, in
the undertaking, not so much from
the purely military point of .view, as
from the fact that a building like the
proposed armory, with its club rooms,
gymnasium and swimming tank, will
settle some vexing social problems.
SHOWER TENDERED
FL
Miss Florence Shobe, daughter of
Mr. and Mrs. J. A. Shobe, of West
Oregon City, was tendered a miscel
laneous shower Saturday evening at
har hnmo The Hecorfttions were beau
tiful, red and white crepe paper being
festooned in the living room, uan
Cupids and hearts were used with
artistic effort, . Tbe dining rogm was
decorated with Oregon grape and
ferns, the table decorations being in
sweet peas and asparagus ferns. An
elaborate supper was served after the
evening had been spent in games and
music. Many handsome articles were
presented to the bride elect, who is
to become the wife of Elmer King, of
this city, the coming week. The gifts
consisted of cutglass, silver and linen.
Those attending the shower were
Mr. and Mrs. J. R. Shobe, Mr. and
Mrs. Harvey Farmer, Mrs. Rebecca
Turney, Mrs. J. O. Miller, Mrs. J.
Kiser, Mrs. Walter "Ford, Mrs. I. M.
Batdorf, Mrs. T. B. Davenport, Mrs.
Sarah Lacey, Miss Janey Lacey, Mrs.
Mary Kellogg, Mr. and Mrs. Arthur
Buise, Mrs. Neta Hayes, Mr. and
Mrs. J. L. Waite, Mrs. M. Green,
Mrs. James J. Talbot and daughter,
Edith, Mr. and Mrs. W. W. Bruce,
Mrs. Ellen Ackersou, Mr. and Mrs.
N. T. Andrews, Joe Farmer, Mrs.
Rackel Phillips, Miss Lily Schmidli,
Miss Pearl Bailey, Miss Gladys Green,
Miss Lena Stearns, Miss Clara
Stearns, Miss Florence Shobe, Elmer
King, Floyd Blackburn, Harry Carns,
Delvin Montgomery, Miss Lucille
Ford, Miss Hilda Ford, Ida Shobe,
Myrll Bruce, Dora Jackson, Leland
Batdorf, Lester Farmer Master Fran
cis Hayes, Master Jole Shobe, Master
Wane Andrews.
A. F. TURNER DEAD.
A. F. Turner a prominent farmer
of Stafford died Saturday night after
a short illness. Mr. Turner was forty
years of age and is survived by his
widow and two children.
C. Schuebel will leave tomorrow
evening for Riverside, al., on legal
business, and before returning Mr.
Schuebel will visit In Oakland and
Los Angeles, and other cities. Mr.
Schuebel and family made the trip
last year to Riverside in their automobile.
BOARD IS NEAR END OF ITS LABORS
City To Become Owner of Property
Offered To Meet Liens
Without Bids Be
ing Received.
The charter board Monday night
virtually finished its draft of the re
vised charter to be submitted to the
voters of the city for approval. A
few sections are to be rearranged by
Secretary Stipp and a final meeting
will be held before the instrument is
presented to the city council at its
next meeting. The revised charter
provides for a councilman from each
of the three wards and two from the
city at large. The councilmen are to
elet a mayor from one of their num
ber. They also will elect a business
manager. Other important changes
have been made in the charter.
The revised charter will be sub
mitted to the city council under Sec
tion 12 of the rules of Oregon City,
which in part follows:
"If any ordinance, charter or amend
ment to the charter of any city shall
be proposed by initiative petition, said
petition shall be filed with the city
clerk, auditor, or recorder, as the case
may be, and he shall transmit it to
the next session of the city council.
The council shall either ordain or re
ject same, as proposed, within thirty
days thereafter, and if the council
shall reject said proposed ordinance
or amendment, or shall take no ac
tion thereon then the city clerk, audi
tor or recorder, as the case may be,
shall submit the same to the voters
of the city or town at the next ensu
ing election held therein not less than
ninety days after the same was pre
sented to the city council. The coun
cil may ordain ' said ordinance or
amendment and refer it to the people
and in that case it shall be subject
to referendum petition in like man
ner as other ordnances; if the council
shall reject said ordinance or amend
ment or take no action thereon, it
may ordain a competing ordinance or
amendment which shall be submitted
by the city clerk, auditor or recorder,
as the case may be, to the people of
said city or town, at the same elec
tion at which said Initiative proposal
is submitted. Such competing ordin
ance or amendment, if any shall be
prepared by the council and ordained
within thirty days allowed for its
action on the measure proposed by
initiative petition. The mayor shall
not have power to veto either of such
measures.'
The board at the meeting Monday
night adopted the following submit
ted by C. Schuebel:
"Section . When an attempt may
be or may have been made at any
time by any officer of Oregon City or.
the council thereof, acting under any
provisions of the charter or of any
ordinance of Oregon City, to levy an
assessment or make a lien against
any real property located in Oregon
City, and said property shall have
been offered for sale thereunder and
no bid received therefor, upon re
ceiving the return of such sale from
the treasurer, the recorder of Oregon
City shall report to the city cquncil
all property which has been so offer
ed for sale and for which no bids
have been received. The city council,
at its discretion, on motion entered
in its minutes may order any of such
liens or attempted liens foreclosed,
and for that purpose may employ an
attorney. "'
"Section . Any lien so ordered
foreclosed shall be foreclosed by a
suit in equity in the circuit court for
Clackamas county, Oregon, in the
same manner as mortgages on real
estate are now foreclosed, including
service of summons, by personal ser
vice or by publication trial or default,
finings, decree and final judgment, ex
ecution, levy by the sheriff, sale, cer
tificate of sale to purchaser, and con- ,
firmation. Redemption from such
foreclosure sales may be made as pro
vided in Section of this charter.
"Section . In all cases where tne
court find3 that a lien has been per
fected under the provisions of this
charter or any ordinance, the court
shall enter a decree and judgment
which shall include all amounts re-
quired by the charter to be paid, and
all expenses for former liens, with
costs and disbursements and reason
able attorney's fees in such fore
closure proceeding. If the original
lien shall have been entered on the
docket of city liens prior to one year
before the commencement ( of said
suit, a deed shall be executed by the
sheriff to the holder of the certificate
of sale, upon demand at any time af
ter sixty days after order of confirm
ation by the court provided, that the.
owner of said property, his heirs or
assigns, may redeem from such sale
within said sixty days. In all other
cases the court may find the benefit
to the property and the expense to
the city in carrying out the provisions
of the charter or ordinance under
which said lien was created, and shall
give judgment in favor of Oregon City
for such amount, with costs and reas
onable attorney's fees, and after sale
the person entitled to redeem shall .
have one year after confirmation
thereof within which to redeem from
such sale.
"Section . In all cases of fore
closure it shall be sufficient for the
complaint to state, generally, the im
provement or other matter for which
the lien was made a correct descrip
tion of the-property affected thereby,
the amount of the lien and that the
same was entered upon the docket of
city liens and has not been paid of
discharged. That the property was
offered for sale as provided by Sec
tion and that no bid was. received
therefor, and that the council has ord-
( Continued on page 8.)