THE WEATHER. $ $ Oregon City Fair; easterly winds. S Oregon Fair today; northeast- ,S erly winds. The only daily newspaper be- t tween Portland and Salem; cir- culates in every section of Clack- S $ amas County, with a population & of 30,000. Are you an advertiser! WEEKLY ENTERPRISE ESTABLISHED 156 6 VOL. IV Ko. 55 OREGON ClITY, OREGON, THURSDAY, SEPTEMBER 5, 1912 Per Week, 10 Cents WILSON IS NOW COUNCIL HALTS WORK ON STREETS EE OR IMMIGRATION PERPETRATED BY WALT McDOUGALL E-1P i SIGNATURE IS ASKED TO PAPER GERMAN LEADER IS FINE WITNESS judge eakin to decide today whether defendant can tell What he meant by "bought and SOLD" Declaring that the defendant had no right to tell what he intended to convey when he accused Chris Schue bel of having been "bought and sold," District Attorney Tongue Wednesday afternoon halted the trial of Gustav Schnoerr, President of the Deutsche Verein in Clackamas County and Vice President of the German Societies in vjregun. ivir. ouuiiuerr mm ueeii yiau- ed on the witness stand to testify in his own behalf on a charge of crim inal libel proferred by Mr. Schuebel. "What testimony he gave indicated that he would say he intended to con vey the idea that Mr. Schuebel was bought and sold as any other lawyer that is he obtained fees like any law yer for his work. Circuit Judge Eak in, after hearing arguments by George C. Brownell, J. E. Hedges and Gordon E. Hayes for the defendant, and the District Attorney announced that he would render a decision at 9 o'clock this morning. Messrs. Brownell, Hayes, and Hedges contended that inasmuch as Schuebel was a private citizen when the charge, which was contained in an advertisement in the Morning En terprise, was made, it could not be considered in the sense of a similar charge made against a public official. They argued that all private citizens were bought and sold) in that they gave their labor for a remuneration. Dictionaries were consulted to deter mine the exact meaning of the words, which Schuebel contended cast a re- . . . i. : -i ii i jictiiun upuu liim. vvutjii me adver tisement was published Schnoerr and Schuebel were candidates for Repub lican nominations for state represent atives, both being nominated. District Attorney Tongue, in his ar gument, declared that the court must consider the words in the accusing advertisement under the ordinary ac ceptance of meaning. He said that in political campaigns when a candidate was accused of being "bought and sold" that the meaning conveyed was he had agreed to do for money some thing that was wrong. Mr. Brownell called attention to Schnoerr's testi money that Schuebel had called at his home and asked that he sign a paper, adding that if he did it would mean 500 additional votes for him. He ar gued that a man could sell himself for something besides . money. Messrs. Hedges and Hayes, who made -strong arguments, declared that the evidence itself showed Mr. Schuebel "did not mean to convey that Mr. Schue bel had offered him money to sign the paper. The first twelve men to be; seated in the jury box were accepted, con trary to expectations. They were all passed for cause, and then Attorney Brownell walked over to District At torney Tongue and after a whispered conference, both attorneys announced their willingness to take the jury, and declined to use a single challenge. Mr. Tongue asked al of the jurymen, dur ing their examination, if they believ ed in the law, and if they believed if a man was running for office he was entitled to as much protection as an ordinary citizen. He also asked if any sympatny ior the defendant or his family would influence their verdict. The only juryman with an opinion was F. E. Mueller, who has known Schue bel thirty years and Schnoerr about twenty years. Jurors McCabe, Bart lemay and Eden were not acquainted with either Schuebel or , Schnoerr, wnne Mueller, Bremer. Heft. Lewis and Stafford knew both men. The other jurors said they know Mr. Schuebel, but not Mr. Schnoerr, and George W. Judd was the only juryman , who had heard Schuebel make a speech during the campaign preceding Benefit Moose Home L 0. 0. M., Oregon City, No. 961 Shivelcy's Opera House ,SEPT. 6, 8 P. M. Admission 35c and 25c COL. KING STANLEY (Soldier of fortune in 14 armies) presents Clark's Woader Show A NIGHT IN INDIA Two solid hours of fun, amusement and mystery by one of America's best Ma gicians. Reserved seats now on sale at Jones Drug Store. the Primary Election. The district attorney enjoyed a lit tle pleasantry with Juror Stafford, when lie brought out the fact that Mr. Stafford had received some votes for Representative on the Democratic ticket, and he asked Stafford, very jok ingly, if he would take advantage of the opportunity to eliminate a politi cal opponent, in the event he was accepted as a juryman. Deputy District Attorney Stipp made the opening speech to the jury. His presentation was very brief, and he contented himself with a simple state ment of the case, based upon the in dictment. Attorney Brownell presented the case for the defense. He urged the jurors to look upon the question of liberty, aside from the question of right or wrong. "The liberty of a citizen is involved in this case," he said, "and you should give this case study and meditation. You must not allow your political be liefs, prejudices or feelings to enter into this case. We will show that peo ple went to Mr. Schnoerr and told him that Schuebel had been making campaign speeches, in which he charg ed Mr. Schnoerr with being a candi date of the corporations. Mr. Schnoerr was not familiar with the law and nat urally he wanted to counteract the statements of his political opponent, and he therefore published an article because he believed he was justified. He acted honestly and fairly. We will show that Schuebel told Schnoerr to sign a certain paper and it would bring him 500 votes. Mr. Schnoerr no doubt meant this when he said Schue bel tried to buy him. He never said Schuebel tried to buy him with mon ey. Now as to the expression in the advertisement that Schuebel is used to 'being bought and sold.' We all know that Mr. Schuebel nd Mr. U'Ren are law partners, and are en gaged in promoting a measure known as Single Tax, and they are under pay from Joseph Fels, a rich soap man, who lives in the East. It has been admitted that U'Ren is receiving a sal ary from Fels, and Mr. Schnoerr nat urally supposed that, being U'Ren's partner, Schuebel received a share of this Single Tax money. It is no crime for a man to sell his services, nor to be bought, unless he is holding a pub lic office." Thomas McCabe, Franke Haberlach, F. E. Mueller, Charles Bartlemay, W. Hj Bremer, John Heft, A. J. Lewis, A. J. Monk, John McGetchie, Geo. W. Judd, W. B. Stafford, and Thomas Ea den were sworn in as the jury. Mr. Hedge objected to the into duction of testimony contending that no crime was charged in the indict ment. He also declared that Section 3519, Lord's Oregon Laws, - under which the indictment was drawn, was unconstitutional because it stipulated that any charge made against a can didate must be shown to the man ac cused fifteen days before the primary. Under that section, said the lawyer, a candidate had no way to defend him self fifteen days 'before an election. Judge Eakin overruled the objection, and E. E. Brodie, publisher of the Morning Enterprise was called to the witness stand. Mr. Brodie said the advertisement was brought to the of fice of the Morning Enterprise by Mr. Schnoerr April 17. He identified the original copy. Schuebel, after testifying that the advertisement referred to him, said he had been deputy district attorney, justice of the peace and a member of the city council of Oregon City. He said the copy for the advertisement had not been served on him. He de nied there was any truth in the accus ation made by Schnoerr. Mr. Hedges drew from the witness that in a pub lic address at Molalla and possibly one at Macksburg, he said that Schnoerr had informed him B. T. Mc Bain and William Sheahan, of the Wil lamette Pulp & Paper Company, had asked him (Schnoerr) to become a candidate for the Republican nomina tion for representative. "I said on several occasions,' said the witness, "that I considered Mr. Schnoerr one of the best men in the county and that no corporation could handle him if sent to the legislature. I did say that lawyers and millmen had gone to Schnoerr's house, and say ing they were representatives of the Commercial Club, asked him to be come a candidate. Gordon E. Hayes in a speech at Molalla announced that I, who was to follow him, would talk about Schnoerr and say that he was a corporation candidate. Hayes tried to creat the impression that I and not Schnoerr was the candidate of the Willamette Pulp & Paper Company. He declared in his speech that I had gone to Schnoerr s home to try to get the candidate to- sign a paper." "What did you do at Schnoerr's house when you went there on the morning of March 31?" asked Mr. Hedges. "I had a conversation with him, but nothing that would in the slightest way influence him so far as the elec tion was concerned. I was there pos sibly an hour and a half. My brother was. with men. I told Schnoerr that statements had been made to me that McBain, Sheahan and Hayes had vis ited him and that many of his friends looked upon him as a corporation can didate. I informed him friends of his had asked me to see him and urge nim to break away from the corpora tion men. I advised him to get out from under, after he admitted to me that he had told several persons of the visit to him by McBain, Sheahan and Hayes. Then Mr. Schnoerr dictated a paper which I wrote. I took a copy of the paper and he said he would dis cuss the matter with his wife." "Did you not at that time say to Schnoerr, 'If you will sign this article it will get you 500 votes?'" "I did not' The state rested after Mr. Schuebel finished his testimony. Mr. Hedges moved to dismiss the indictment on the ground that the evi dence was insufficient, the statute un der which the indictment was drawn unconstitutional and that no crime iW v v I iqf; jff Iff" ; ' i r-j ILL. V Royal E. Cabell, Commissioner of In ternal Revenue, who says that his relations with MacVeagh are W that he could wish. M'LOUGIlil! SCHOOL TO START P The McLoughlin Institute wil open Monday with what promises to be the largest attendance in the history of the school. The schoolis connected with St. John's Parish, and has eight grammar grades and two high school grades. Rev. A. Hillebrand, pastor of the church, announced Wednesday evening that many opplications had been received, and he believes the institution will have its. most success ful year. The school is for all pupils irrespective of their religious beliefs the tuition being $1 a month. German is taught in the lower grades and Lat in and German in the High school grades. Persons wishing to enter their children should apply to the Mother Superior at the parish. had been charged. The motion being overruled the defendant was called to the stand. He said he had lived in this county since 1888. "Schuebel came to my house on the morning of March 31, 1912," said the witness. He was there three hours, He said to me, 'Gus I want to write something and will you sign it?' He asked for paper, pen and ink. After writing the paper he said to me, Gus; the whole country is full of talk you are bought by capitalists and inter ests.' He said, 'Gus, if you sign that paper, I will get you 400 or 500 votes, and you will be the strong man in the election.' He said he - was a good speaker and I. was not, and could aid me." Mr. Brownell, who questioned the witness, was interrupted repeatedly by the district attorney, who finally declared that the witness must not be allowed to place a construcion upon the words bought and sold. Judge Eakin dismissed the jury un til 9 o'clock this morning and heard the argument of the attorneys on the question. 2 Couples Get Licenses Licenses to marry were issued Wed nesday to Ruth Notz and Ernest Naef, and Margaret H. Gates, and Henry A. Brand. ' - 00M! DID YOU HEAR ! SOMETHING GO OFF? Did you hear the report of the big gest blast Oregon City has ever ex perienced? If you didn't you must be deaf for it was some explosion. The report was echoed and re-echoed from the hills on both sides of the river; and windows were rattled vio lently. The blast was at the quarry of the Oregon Enigneering & Con struction Company at First and Mad ison streets. About one and one-half tons of powder was exploded, and at least 10,000 yards of rock was loos ened from mother earth. J. W. Mof fatt and Charles Parker, of the Ore gon Engineering & Construction com pany notified the residents of that sec tion of the city near the quarry that the big explosion was to take place about 3:30 o'clock Wednesday after noon and many of them vacated their homes. Hundreds had their eyes riv eted on the quarry when the explosion took place. No houses Viere damag ed but the machinery of the company near the blast was damaged and it will take several days to repair it. The powder was placed in a tunnnel which was forty-five feet long. JACOB BAKER, 84, Jacob Baker, a well known resident of Canemah, who had lived there for nineteen years, died at the home of his son, John L. Baker, of Canemah, Tuesday evening, at the age of eighty four years. Mr .Baker was born in Germany January 22 1828, and when about 20 years old came to America, settling in New York, where he remained until about twenty-four years ago, when he came West to make his home in Ore gon. He lived at Parkplace about five years, afterward going to Canemah.. . - Mr. Baker is survived by a widow and the following children: John L. Baker, of Canemah; Mrs. Emma Berg manfi of Portland, .and Mrs. Elizabeth Bridenbecker, of New York. Funeral services will be conducted at the famiy residence at Canemah this afternoon at 2 o'clock, and the burial will take place in Canemah cemetery. RELIEF CORPS GIVES MEADE POST FLAG At the regular meeting of Meade Post No. 2, Department Oregon Grand Army of the Republic, the Re- hief Corps presented the post with a beautiful flag. The corps was given three cheers by the veterans and a vote of thanks. The adjutant report ed that the patriotic citizens of Ore gon City had donated $75 to the Drum Corps to assist them to attend the Los Angeles National Encampment September 9 to 14, and a committee on resolution on the death of D. K. Bill was appointed, consisting of I George A. Harding, H. S. Clyde and L. Hull. K I83f Hiram W. Johnson, of California, nom inee of Progressive Party for Vice President. MILWAIIF HAS $50100 BLAZE Fire believed to have started in the rear of the Milwaukie Appeal print shop at 1 o'clock Tuesday morning swept one entire block on Main street between Washington and Jefferson streets, doing damage estimated at $50,000. The fire razed the entire block, including the postoffice. Only the Sellwood fire apparatus from Port land was able to reach the scene. Wa ter; was pumped from the river to quench the flames. Wires from all parts of the town, ex cept the Milwaukie or Bobby Burns tavern and the O. W. P. repair shops, were down and aid was summoned with difficulty. The flames ate one entire block, comprising five frame buildings, two store buildings and damaged property adjoining on the opposite sides of the streets. The principal losses in buildings and property furnishings, are: O. Wissinger, two-story frame gro cery and merchandise store, $5000; furnishings, $5000. Another frame building owned by Wissinger and used as a hay and feed store, $2000. Oddfellows and Woodmen of the World Hall, two;sJcy frame building, built in 1892, loss $5000. Postoffice building, owned by John Wetzhler, two-story frame, loss $10, 000. " The postoffice furnishings were lost, valued at $2000. Tailor shop owned by Lautan Schla ger, loss $500. Print shop, Milwaukie Appeal, with presses and stock, loss $5000. Building completely destroyed. . Two-story frame building owned by Lew Albee, furniture loss $500. H. M. Van Horn, trouble man at the telephone exchange, was burned about the hands in fighting the fire at the telephone building, which was burn ed but not put out of commission. ELKS HOME TO BE OPENED THIS EVENING All members of the Oregon City Lodge of Elks are expected to attend the grand opening of the new home this evening. While the entertain ment will be informal It will be none the less interesting. - - CANDIDATE CHANGES ATTITUDE AT NEW YORK CITY DINNER AMERICAN STANDARD IS WANTED Two Score Editors Of Foreign Lane uage Papers Talk Over Prop osition With Former College Head NEW YORK, Sept. , 4 Governor Wilson spoke for the first time tonight in New Yorw City as the Democratic nominee for the Presidency. One of the addresses was delieved at the dollar dinner of the Woodrow Wilson Workingmen's League. Before going to dinner he met two score editors of foreign language newspapers at the National Arts Club and talked immigration with them. "If we can hit upon a standard which admits every! voluntary immi grant," he said, "and exclude those who have not come of their own voli tion with their own purpose of making a home and a career for themselves, but have been induced by steamship companies or others to come in order to pay the passage money, then we will havev what we will all agree upon as Americans. For I am not, speaking to you in a foreign country. "I am speaking to you as Americans with myself and just as much Amer ican as myself and if we all take the American point of view, namely, that we want American life kept to its standards and that the only standards of American life shall be the stand ards of restriction, then we are all upon a common ground, not of those who criticise immigration but of those who declare themselves Americans. "I am not saying that I am wise enough out of hand to frame the leg islation that will meet this ideal. I am only saying that that is the ideal and that is what" we ought to hould our selves to. "Now, strange as it may seem to some gentlement who have criticised me, the only-blunder I have made, the only practical blunder I have made in my interest in a liberal policy with re gard to immigration, is that I got into the wrong society to encourage it. So that it was an indiscretion of judg ment and not an indiscretion of pur pose, for my interest in immigration is to see that the immigrant is prop erly informed, is' properly safeguarded against imposition of every kind, whether by 'government or anybody else, and is directed to the place where he can attain the objects he has come for with the greatest advantage to himselg? That, to my mind, is the so lution of the immigration question. PLAN BIG PICNIC The Catholic Knights' picnic, which Was postponed on account of the rain August 18, will be held at Schnoerr's Park Sunday, . September 8 ,and an enjoyable time is anticipated for those attending. There will be good music, sports of all kinds, and prizes given. The following are the committees that have charge of the affair: General J. C, Finnucane, Frank Busch, Sr., Mat Michaels, Jacob Mil ler, Michael E. Clancey. Refreshments Mrs. Mat Raber, Mrs. Mat Michaels, Mrs. Nick Mich- aeys. Miss Emma Webber, Mrs. Jacob Miller. Grounds Adam Herman, Stan Tan zer, Anton Naterlin, M. Flanagan, John Rincus. Music Miss Ida Myers, Miss Tillie Myers, Henry Endres, L Smith, B. Kuppendbender, Joe Haas, Everett Downey, Alphonse Roter. Prizes H. Hanifin, M. Munch, S. Endre, Harry Jordon, J. Michaels. The orator of the day will be Rev. A. Hillebrand. ODD FELLOWS HONOR JUDGE IF. The collar of a Past Grand Master, Past Grand Patriarch and Past Grand Representative was presented to Judge Thomas F. Ryan, of Salem, by Falls Encampment,' No. 4, Independ ent Order of Odd Fellows, at a meet ing Wednesday evening. Oscar P. Miller, deputy city treasurer, of Port land, and a member of Falls Encamp ment, was presented with a collar of the Past Grand Patriarch and Past Grand Representative. Judge Ryan and. Mr. Miller will attend the Sover eign Grand Lodge to be held in Tor onto, Canada, beginning September 21, They will leave Portland September 10. The committee in charge of the meeting Wednesday evening was com posed of W. H. Howell, chairman; E. J. Noble and Harry Trembath. There was a large attendance, about thirty persons from Portland being on hand. Delicious refreshments were served by the Rebekahs. After the business session cards were played, Miss Os borne winning first ladies' prize, Mrs. Andrews, of Portland second prize; Mr. Stuart, of Portland, first prize for men and Frank Shannon, second prise for men. Boost your city y boosting your daily paper. The Enterprise should be in every home. BOARD DECIDES NOT TO LET ANY MORE CONTRACTS UN TIL SPRING PETITIONS ARE WELCOMED, HOWEVER Committee Reports Favorably Upon Proposed Canemah Wall To Be Built By Rail way At a meeting of the City Council Wednesday evening it was decided that no contracts for street improve ment would be let until next "spring. Petitions from property owners for street improvement will be accepted and the Council will prepare, to let contracts for the work in the early spring. C. D. Latourette, representing the Hawley Pulp & Paper Company and T. W. Sullivan, representing the Portland Railway, Light & Power Company were present to hear the re port of the committee on the Cane mah wail which the railway company is to erect. Mr. Sullivan told the members of the Council that his com pany were ready to proceed with the work and was waiting for the Council to approve the plans and specifica tions that his company iad prepared. The work will be under the direct su pervision of the street committee and the City Engineer. Upon a favorable report from the committee on this matter, composed of Councilmen Hol man, Horton, Beard, Tooze and the City Engineer, the Mayor and City Recorder will approve the plans and specifications for the city. A communication from the Portland Railway, Light & Power Company ask ing the council's approval of a heavy rail, which is to be placed on Main street from Moss street to the Aber nethy bridge, was referred to the com mittee on streets and public property. -,John Bittner, George Randall and W. A. White were appointed a commit tee to appraise property on Jackson an John Quincy Adams streets and the extension of the Sewer District No. 2. The property owners on these streets have requested the Council to have their property appraised before the improvements are made on them and the committee will begin work as soon as possible after the grade has been completed. --The report of the City Recorder was read and showed that $95.50 had been turned over to the general fund from fines during the month of August. Sev enteen dog licenses had been taken out, amounting to $23.00. The total amount turned over to the general fund was $783.12 during August. The Chief of Police's report was read and total number of hoboes tak en and kept for the night were 49. The total number of meals served was 58 at twenty cents a meal, amounting to $11.60. (Continued on page 2) We're Here! HERALDSGUY The Blackface Comedians Have yon heard v - Joe Evans The Baritone Singer, also with us Today And when you see THE FRENCH SPY in three parts Friday, Sept. 6th Only You will open your eyes and mouth Remember we don't close down on account of rain. THE GRA N D