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