$.3$e33s $ $ j ,
- THE WEATHER.
S Oregon City Fair today;
variable winds. -
3 Oregon Generally fair; west- 3
erly winds. $
s $ 3 3 $ 3
4 The only daily newspaper be
& tween Portland and Salem; cir- J
"s-8 culates in every section of Clack- $
amas County, with a population 8
S of 30,000. Are you an advertiser?
WEEKLY ENTERPRISE ESTABL IS H E D 15 6 6
VOL. Ill No. 145
OREGON CITY, OREGON, THURSDAY, JUNE 20, 1912.
Peb Week, 10 Cents v
SPEED THE PARTING GUEST.
CONTRACT TO OIL
STREETS IS LET
SUIT FOR SALARY
LOST BY BURNS
COLONEL'S ORDERS
ARE
OBEYED
REFUSAL TO OPEN CONTESTS CAUSE
DELEGATES ACTING UNDER
PERSONAL DIRECTION OF
CHIEF LAY PLANS FOR
INDEPENDENT AC
TION IN CON
VENTION CHICAGO, June 19. The long
expected crash in the Republican
ranks came tonight. The Roose
velt forces, acting, they said, un
der the personal direction of the
Colonel himself, began to lay
plans for independent action' in
the National convention. As a
forerunner of thfe more drastic
action expected in the convention
tomorrow or Friday, the Roose
velt members of the committee
on credentials withdrew from that
body and in effect withdrew all the
Roosevelt contest.", which had
been scaled from 92 to 78.
The break first came when the
Roosevelt members of the creden
tials committee, acting under the
specific orders of Colonel Roose
velt, broke out ox the committee
troom at 10:30 o'clock tonight aft.
er attempting to beat open the
doors and bring all newspaper
men into the room.
Senator Albert B. Cumings, C'and
for President.
The doors of the committee
room were suddenly thrown open
by J. J. Sullivan, of Ohio, who
rushed out with the cry, "All
Roosevelt men walk out."
He was followed by Hugh T.
Kalbert, of Minnesota; Francis J.
Heney, of California; George L.
, i... :
-A. 'co j, '
- i x ? v 'V v o
. . J&- v -
' it s - - ,
1 j
THE REPUBLICAN NATIONAL COM MITTEE. -Front
row, seated, from left to right: William F. Stone, sergeant at arms;
Franklin Murphy, treasurer; Col. Harry S. New, chairman; William
Hayward, secretary; Victor Rosewater. ..Standing, from left to right:
Ralph S. Williams, E. C. Duncan, Arthur I. Vorys, Fred W. Upham,
chairman Chicago committee, David W. Mulvane.
Record, of New Jersey, and other
Roosevelt men. as they pushed
open the swinging doors after
Sullivan, they cried out to the
newspapermen:
"All newspapermen come inside
and see what they are trying to
do with us."
, Colonel Thayer, assistant serg-eant-at-arms,
shouted to the
doorkeeper to admit no one. The
Roosevelt forces again called for
everyone to come in. Mr. Thayer
walled for policemen, who push
ed their way through and kept the
crowd from getting in.
The Roosevelt men poured out
of the room, declaring they were
acting under orders - of Colonel
Roosevelt.
"Everybody 'go to the Floren
tine room at the Congress,"
shouted one man.
They rushed out, followed by
the crowd and outside of the Col
iseum they were overtaken by
Secretary William Hayward.
"Why did you act that way?"
he demanded of Heney. "Why
didn't you wa,it until some rules
had been passed?"
"We are acting under the di
rect ouders of Colonel Roosevelt,"
retorted Heney.
"We are obeying a better gen
eral than you," shouted George
L. Record, of New Jersey. "He
told us to leave that room, and we
did it."
Hugh T. Halbert said the break
came as the result of the refusal
of the majority in the committee
to open up all evidence in the
cases. Mr. Halbert presented res
olutions asking that the tempor
ary roll of the contention be con
sidered only as prima facie evi
dence of the right of delegates to"
sit; and that all evidence, testi
mony and the like be gone into.
f COLISEUM, Chicago, 111., June 19.
Cries of "Hadley for President"
brought forth a demonstration that
kept the Republican national conven
tion in an uproar for more than 40
minutes.
Cheers greeted the Missouri govern
or when he was led to the front of
the stage during argument ononis mo
tion to purge the roll of contested
delegates. Someone cried "Hadley
for president!" and hundreds of voic
es took it up. Then the different del-
idate for Republican nomination
egations began marching around the
halL
A woman in one the galleries un
furled a large lithograph of Theodore
Roosevelt. Immediately the clamor
increased. She was escorted 'to the
front of the convelrtion hall and lift-
ed to the press box. The din became
terrific. Finally the police requested
her to return to her seat in the gal
lery. She obeyed, still carrying rem
nants of the picture.
After the short recess Judge Rob
ert E. Morris declared that the charges
of fraud in Arizona were baseless and
defended the action of the Arizona
state committee in calling the regu
lar state convention which elected
the Taft delegates.
"Everything was regular and In ac
cord with the exact procedure of the
party," he declared. "The Roosevelt
men started to invalidate the state
convention by flimsy, fictitious con
tests to keep the representation below
the legal figure. We took steps to pre
vent this, and when hese sharp tricks
failed they begun to shout fraud.
"I deny that the central committee
was aontrolled by federal office hold
ers. There were three officials among
15. And the charge circulated here i
is absolutely false and without found- j
ation."
"They say there was fraud," yelled
Morris. "I throw the charge into their
teeth. All that was used by Taft
men was parliamentary tactics. The
fact of the matter was that he Re
publicans whether they were Demo
crats " ,
Thomas H. Devine, of Colorado,
who is slated for .chairman of the
credentials committee, should the Taft
people control, spoke against the Had
ley amendment. He expressed sur
prise over the Hadley amendment,
saying the governor had endorsed the
committee when it had ruled in his
favor in the Missouri cases. Devine
said Hadjey "only stood by agree
ments when it was to his interest to
do so," and the assertion, was hissed,
booed and jeered by the Roosevelt
delegates.
Devine. who is a member of the na
tional committee characterized the
action of the Roosevelt forces in stir
ring up the contests in the south as
'the most damnable in the history of
the Republican party."
"The evidence before the commit
tee," Devine said "showed that an
emissary from the north, whether
loded or unloaded I don't know went
down into the south from 30 to 60
days after the regular delegates had
been honestly elected, and stirred up
certain contests and engineered rump
conventions."
Every statement by Devine was re
ceived with cheers from the Taft men
and with wild jeers and hisses from
the Roosevelt forces.
"Let me tell you something," shout
ed Devine. AOut of the 107 contests
from the south filed before the com
mittee 101 of the names placed ofi the
temporary roll were put there by the
unanimous vote of the national com
mute, the Roosevelt men voting with
the Taft men." i
"There are 107 counties in Texas !
which never held a Republican, con- L
vention," shouted Devine. "They are !
mostly peopled by prairie dogs and j
Democrats. But Cqjonel Lyon sends !
out to his friends a list of what he j
wants done and he gets it done."
Hadley then called on C. C. Middle- j
ton of Texas, who, he said, was a Taft '
instructed delegate, to argue the Tex
as case for the Roosevelt men.
Middleton began by saying that he
expected to cast his vote in the in
terst of President Taft, but that he
wanted to deny Devine's charges and
his "damnable assaults on the char
acter of the Republican party in Tex
as and on Colonel Lyon.
"I am for President Taft," shouted
Middleton, "but this thing of cussin'
out Cecil Lyon is unfair. He has
built up an organization in Texas in
which the gates of hell will not pre
vail." John Mackey of Detroit spoke
against the Hadley amendment and
immediately attacked the fairness of
the Roosevelt forces.
The mention of President Taft'S
name was marked by a brief cheep
ing demonstration during which the
Taft men climbed on their chairs.
Charles P. Taft, the president's
brother, led the cheering from his
seat with the Ohio delegation and ap
peared to be enjoying himself im
mensely. .
Maurice L. Gavin of Kentucky at
tacked the Roosevelt contests from
the blue i grass state, characterizing
them as "unfair and without meri t or
foundation."
Former Congressman Watson of In
diana closed the debate for the Taft
forces. He was warmly cheered as
he came forward but a Pennsylvania
delegate caused a laugh by piping
"He's the maa that made Indiana
Democratic." -
"What I want you delegates to re
member in voting on this question,"
he said, "is that this convention has
no right to judge of the merits of
these contests. The National com
mittee sat for ten days. It spent
much ime hearing the evidence. Then
by better than a two to one vote, it
made up the temporary roll.
"I don't believe in mob law. You
can say, 'Throw them out,' but that is
not Republicanism. I am authorized
by my friend, Governor Hadley, to
say that he himself is willing, with
certain modifications, . to send these
contests where they belong to the
committee on credentials."
A wild yell went up from the Roose-.
velt forces at this announcement
"Let him speak for himself!" shouted
100 voices, and Watson turned and
brought Hadley forward.
The Missouri governor stood smil-
PV - fib.
Mayor William J. Gaynor, of New
York City, who is mention
ed as a "Dark Horse" for the
. Democratic nomination for
President.
ing while the delegates cheered. It
was the first real spontaneous enthus
iasm of the convention. More than
half the delegates were on their
chairs. Hats were swinging and hand
kerchiefs were waving while Hadley
and Watson, representing the two
great factions in the party .stood smil
ing side by side.
For five minutes the demonstration
tinued and the froces were being
augmented . every - second. Already
the Taft men from New York were
talking among themselves.
. "Look like they might try to stma
pede the convention for Hadley,"
whispered he veteran Chauncey M.
DeDew to William Berry, who stood
alongside of him. As this word was
passed, James W. Wardsworth waved
to his delegates and the members
jumped to their chairs yelling, cheer
ings and adding to the din. Part of
Indiana joined in the demonstration,
headed by Jim Hemenway.
At this time Kentucky, Texas, New
York, Mississippi, Illinois and Louisi
ana and Ohio were the only states
whose standards remained in place,
although some of the others had on
ly moved to the aisles.
New York and Indiana were on their
chairs and" there was a wide smile on
the faces of the leaders. They op
enly asserted that they believed that
the stable door was open and that the
"dark horse" was being saddled. The
remainder of the California, Kansas
and Maryland delegations were chant
ing in unison. "We want Teddy; we
want Teddy." The Hadley shouters
were getting the better of it and the
California delegates started a rival
demonstration. William Barnes, Jr.,
leader of the Taft forces, was asked
what he thought of1 the demonstra
tion. He said:
. "I am waiting to see what they are
going to do with these contests. I
am not discussing any compromise
proposiion. I am just wating for the
return of these delegates and order
to be restored. I don't believe that
many of these men who are cheering
know what they are cheering about."
"Hadley for president; Hadley for
president!"
It started the cheering all over again
and the convention was again beyond
control when Sergeant at Arms
Stone led Coleman off the stage. Hem
eway of Indiana, insisted that the Taft
men were intact despite the demons
tration. Mrs. W. A. Davis, wife of a Chicago
lumberman, who was seated in the
center of the right hand gallery, start
ed the'greatest uproar of the demon
stration by unrolling a huge litho
graph of the colonel. As the beauti
ful woman, stunningly gowned, enter
ed into the spirit of the moment, and
holding the picture at arms length,
threw kisses to the crowd, the dele
gates and spectators alike went wild.
Mrs. Davis held the picture in her
hand for a few moments ,and when
the bear mounted standard of Cali
fornia was passed up to her in the
galleries she kissed it and alternately
kissed the Roosevelt picture.
By this time much of the original
enthusiasm for Hadley had been con
verted into a demonstration for the
woman, whose enthusiastic spirit had
been contagious enough to inoculate
the thousands that packed theColis
eum. So eager were delegates and other
enthusiasts to greet the woman that
it "was necessary for the policf to form
a guard about her, and when in an ef
fort to quiet things the police asked
her to withdraw temporarily, the ac
tion was met by a chorus of hisses and
booing. -
It was 41 minutea after the a
stration began before Hadley was ab
le to make himself heard.
. A small classified ad will rent that
vacant room. -
JUDGE CLEETON TO BE
Judge T. J. Cleeton, of Port
land will deliver the principal ad
dress at the first annual picnic of
the residents of Gladstone to be
held at Gladstone Park July 4.
Music will be furnished by the
regular Chautauqua orchestra un
der the direction of F. T. Chap
man. The picnic will be one of
the-biggest events in the history
of the thriving city, and all resi
dents and many of their friends,
will be in attendance. H-. E.
tross, "Father of Gladstone,"
said Wednesday that even a larg
er crowd than attends the Chau
tauqua on the most important
days is expected.
1 00 MINISTERS WILL
The largest assemblage of min
isters in Oregon, except at minis
terial .conventions, will be that at
the Chautauqua assembly at
Gladstone Park, which will con
vene July 9 and continue twelve
days. Secretary Crss has receiv
ed Jetter from 100 clergymen in
forming him that they will attend
and remain during the entire
meeting. They are desirous of at
tending the bible classes to be
conducted by Rev. William Spur
geon, of Lodon, nephew of Rev.
Charles H. Spurgedn each morn
ing. Rev. Spurgeon also will de
liver two lectures, on "The Eng
lishmen's Impressions of Amer
ica" and "Moses, The Hero of
the desert." The Chautauqua As
sociation is installing a modern
sanitation system at the park at
a cost of $800. Scores of per
sons have engaged tent space, and
Mr. Cross says there is no doubt
that the assembly this year 'will
be the best attended in the history
I of the Association.
FORMER OREGON CITY
PUPILS ARE GRADUATES
Two former Oregon City boys
and dne former Oregon City girl
were graduated at the ixty-sev-eth
commencement of the Lin
coln High school Tuesday even
ing. The exercises were, held in
the assembly hall, Portland. One
of the graduates, Belle Cassell, is
a daughter, of JacoD Cassell, for
merly proprietor of the Electric
Hotel. Andrew Koerner, another
of the graduates, is a son of the
late Rudolph Koerner, and the
third member of the class, who
formerly lived in this'city, is ii,
onel Gordon, for several years
employed at a local department
store.
Boost your city by boosting your
daily paper. The Enterprise should
be in every home.
CHAUTAUQUA
Flie "Wat segft ;
Will
COUNCIL APPROVES BID OF
OREGON ROAD COMPANY,
OF PORTLAND
WORK IS TO BE STARTED AT ONCE
Repairing Of Wlolalla Avenue And
. Monroe Street Js Begun
Drains Being In
stalled The Macadam streets of Oregon
City will be oiled in a few days.
At a meeting of the City Council
Wednesday afternoon the bid of
the Oregon Road Oiling Company,
of Portland, was accepted. The
company agrees to oil the
streets a width or six feet for
$67.50 a mile. The only other
bidder was the Oregon Engineer
ins & Construction Company,
its bid being $90 a mile. j
Councilman Tooze, a member j
of the Committee on Streets, pre
pared the specifications. Mrj
Tooze, with street Commissioner
Babcock, will this morning make
a tour of the city and determine
what streets are to be oiled. The
council has appropriated $1,800
with which to oil the streets, but
it is not thought all this money
will be spent. According to the
specifications the work must be
started within ten' days. Mr.
Tooze said Wednesday night that
he thought the oiling would be
started this week. It must be
completed within four days. Al
though the specifications provide
for the oiling of a width of six feet
the ommittee on Streets is em
powered to increase the width if
it is thought necessary. The
specifications provide that 75
per cent of the cdst of the work
shall be paid upon the completion
of the oiling and the balance Oct
ober 1 if the work proves satis
factory. Councilman Tooze and Street
Commissioner Babcock will have
the streets cleaned of refuse be
fore the oiling is started.
; The work of repairing Molalla
! Avenue was started Wednesday,
j Drains will be installed first,
and then the street will be repair-
ed with broken rock. The Oregon
jEngineering & Construction Com
jpany Wednesday began the im
i provementsof Monroe street. The
i company put into use a new steam
shovel, which will greatly facili
tate the grading.
MEADE-POST MEIERS
ATTEND BIG REUNION
About thirty-five members of the
Meade Post No. 2, Grand Army of the
Republic, and the' Women's Relief
Corps No. 18 went to Salem Wednes
day to attend the encampment of the
Grand Army of the Republic and the
rWomen's Relief Corps. The drum
corps of the veterans, consisting of
j seven drummers accompanied the old
j soldiers and, before departing played
i several selections.
I ,The members of the Women's Relief
Corps who went to Salem were Mrs.
Maddock, Mrs. J. Doremus, Mrs. B.
F. Linn, Mrs. A. R .Tufts, Mrs. Jennie
Pierce, Mrs. N .M. Alldredge, Mrs.
Pauline Schwartz, Mrs. Ackley, Mrs.
F. T. Barlow, Mrs. Beach, Mrs. Julia
Tingle, Mrs. A. R. Hickman, Mrs. A.
J. Hobble, Mrs. Rosina Fonts, Mrs. G.
A. .Harding, Mrs. D. A. James, Mrs.
J.. Williams, Miss Davis, Mrs. Davis
land Mrs. M. L. Bradley.
PASTOR HAS CHARGE '
OF CHURCH REPAIRS
Rev. E. A. Smith supervised the
work of making a new founda
tion for the church at L.'.-siin
Wednesday. The members of the
congregation did the w nk. It is
planned to paint the buildir.gRev.
Milliken conducted services a(
Willamette Wednesday evening.
TEACHERS' EXAMINATION
x HELD AT HIGrl SCHOOL
The examination to teach in
'.he county school was In-gun in
!!!' Hiiih Schoo! V- 3dm-d:y
.K'rning. t.'ounty Superintendent
of Schools Gary being in charge
Iii'-re are about sevxnr.y appi-i-tnrts.
TPIil CSj7iini.c3l
begin a three days' engagement
Vaodevill cdaily at 2, 3:5, 8, 9:X5
JUDGE EAKIN HOLDS THAT
PLAINTIFF MUST PROVE
HE IS CHIEF
SHAW'S STATUS IS NOT AFFECTED
Court Decides Former Police'
Head Does Not Owe City
For Over-Payment Of
Salary
Holding that In order to obtain his
salary he must first establish his ti
tle to the office, Circuit Judge Eakin
Wednesday decided in favor of the
defendant- in the case of Charles E.
Burns, appointed Chief of Police by
Mayor Dimick, against the city. - The
council by a vote of eight to one re
fused to appfove the appointment of
Burns, and" has made a fight for the
retention of E. L. Shaw. Burns act
ed as chief for four months, and Shaw
is still acting, but neither has receiv
ed any salary. Friends of fa haw say
the decision is a victory for him
while friends of Burns declare that
nothing is settled except that he can-'
not obtain his salary until he proves
through some other legal action than
the suit for salary that he is 'the
pay costs. The plaintiff, was represent- .
ed by Cross & Hammond and the de
fendant by J. E. Hedges. '
Judge Eakin dismissed the counter
claim of the city against Burns for
$795 said to have been over-payment
of salary when Burns was chief sev
oroi vonra ago Thfi oninion in nart
follows:
The charter of the city provides:
"Sec. 45. The mayor has power
and it is his duty , to organize, govern
and conduct, the police force within
the limits aforesaid and shall to that
end:
1. Appoint a Chief of Police and a
suitable force of regular policemen,
such anDointees to be confirmed by a
majority of the Council.'
While Section 51 of the charter pro
vides: "Sec. 57. The Chief of Police and
his sureties shall . be responsible to
the city or any person aggrieved the
same as sheriffs and their sureties
now are. Before entering upon the
duties of his office, he shall file a
bond in such sum as the Council may
fix by ordinance, wmcn Dona snail De
approved by the Mayor, and subscribe
and take an oath that he will faithful
ly perform the duties of Chief r( Po
lice during his continuance In office.
Every regular policeman, shall etc."
Ordinance No. 122 provides as follws:
"Sec. 1. The amount of the official
bond to be required by the Chief of
Police shall be and hereby is fixed at
Two Thousand Dollars ($2000.00.)"
It will be seen from these ' provi
sions of. the charter and ordinances
of the city, and from the evidence ad
duced at the trial, that the plaintiff
was not, at the times alleged in the
complaint, the regularly qualified
Chief of Police of the defendant city;
and if he was acting in the capacity
of Chief at all, he was only acting as
an officer de facto and not as one. de
jure.
But this is an action against the city
for the salary of Chief of Police, in
which capacity, plaintiff alleges he
was duly qualified and acting, which
facts are denied by the defndant, but
whether'or not he is the qualified
Chief of Police of this city cannot be
determined in this action, to do so
would be to adjudicate the right of
E. L. Shaw (the other claimant to the
office) to said office, but he is not a
party to this action ,and judgment in
this action would be of no effect
against him. Before he could be ad
judged to be acting without authori
ty, he would have a right to be heard,
and the city is . not authorized to ap
pear for him, any more than it is auth
orized to appear for plaintiff.
Consequently, no judgment which
this Court could make in this case
could determine the right to the of
fice as between the plaintiff and E. L.
Shaw, the actual incumbent of the of
fice. This question was fully discussed
and decided in the case of Selby vs.
City of Portland, reported in the 14
Or., at page 243.
It is therefore clear that the title
to the office cannot be determined in
his action. And it seems to me, as
clearly, to follow, that the. plaintiff
cannot maintain an action for the sal
ary of the office until title thereto has
first been determined.
If plaintiff is occupying the office
merely de facto he is not entitled to
the salary, even though there be a
vacancy in the office. His incumnency
would be wrongful, and he cannot
mane advantage to nimseir by his
own wrong, consequently his. right to
maintain an action for the salary per
taining to the office must depend upon
his first establishing his right to the
office.
5V
Sisters
only