WEATHER Yesterday's Highest Temp Last Night's Lowest Temp 36 Fair Tonight anil Weil. VOL. v. KosKiii'itti, iku;las county, ouuiox tiksdav, ii:cKMiti:ii u, una. No. ;ia COUNCIL MEETS Drastic Liquor Ordinance is Adopted Last Night. CITY OFFICERS ARE ABLE TO ACT Merchants Ordinance i Adopted Without a Dissenting Vote Considerable Other Ilusl ness Transacted. The city council in regular session last night completely eliminated the bonds that restricted the acta of the police officers employed under the former administration, and passed: .an ordinance whereby t lie present policemen of the city are in a position to assist very materially in enforcing the local option laws now in effect. I The ordinance is very specific and defines in no uncertain terms what! constitutes a blind pig. Not only is; a violator of'the local option law Biib-j ject to arrest and conviction under this ordinance, but his-place of busi-j ness may be declared a nuisance and! closed. Inasmuch as the councilmen; declared that on emergency existed , the rules were suspended and tho or- dinanee was placed on its third read- ing. It was adopted by a unanimous vote of the body. j The ordinance is self-explanatory; and follows in detail: j Title of Ordinance. j "An ordinance to declare the keep- ing or maintaining of any place in the cfty of Hoseburg in which intoxi-l eating liquors are sold contrary to law, or in which such liquors are; kept for the evident purpose of sell-1 ing or giving away contrary to law,; or where intoxicating liquors are kept for the purpose of inducing peo ple to resort, to be a nuisance; pro-1 viding for the punishment of any per son, including owners, lessors and other persons, maintaining or await ing in maintaining any such nuisance; providing for the search of places alleged to be maintained contrary to this ordinance and for seizure and destruction 'of intoxicating 'liquors kept therein; regulating the practice and procedure in such cases and de fining intoxicating liquors for tho pit r poses of this ordinance, "lie it ordained by the people of the city of Itoseburg: "The City of Hoseburg does ordain as follows: Provisions of Ordinance. "Section 1. The keeping or main taining of any place within the City of Hoseburg in which intoxicating liquors are sold or given away, con trary to law, or in which such liquors are kept or harbored for the evident purpose of selling or giving away said liquors contrary to law, or where in toxicating liquors are kept for the purpose of inducing people to resort, to buy or receive intoxicating liquors in violation of law, is hereby declared to be a nuisance, and any person maintaining or assisting in any man ner in maintaining any such nuisance shall upon conviction thereof be pun ished by a fine of not less than twenty-five dollars nor more than three hundred dollars or by imprisonment - in the city jail not less than ten days nor more than ninety days or by both sucn fine and imprisonment, and in default of payment of such fine or any part thereof such person shall be imprisoned in the city jail of Hose burg, Oregon, one day for each two dollars of said fine unpaid. "If any person shall be convicted a second time for violating any of the provisions of this ordinance, such per son shall be punished for such sec ond and each subsequent violation of this ordinance by both such fine and imprisonment. "Section 2. Any person who know ingly permits any building or tene ment or any part thereof, within the City of Hoseburg owned or leased by him, or under his conrtol, to be used in maintaining a nuisance as defined In section one of this ordi nance, or who, after being notified SIXTEEN DAYS TO CHRISTMAS DEC. ! in Today Is Better Than Tomor row For Doing Your Christ mas Shopping. 1 ,u -1 hi writing by any person of such use omits to take all reasonable measures to eject therefrom the person or per sons so using the same shall be deemed guilty of assisting in main taining such nuisance and shall be punished as provided In'said section one, "Section 3. Upon the filing of a complaint with the city recorder of; said city charging that a designated; place within said citv Is kept or main- M.. uy any person or persons, and that intoxicating liquor is kept or har bored therein with the evident pur pose of selling or giving away the same contrary to law,, a warrant shall be issued by said city recorder direct ed to any peace officer of said city, commanding such officer to arrest 'he person or persons charged or Ji.n.ivikaH nr. ninlntni,,inn n- o .. .. I r. in maintaining such nuisanceand to I 'sl'et'ii" The Evening News.) search the place described In said I WASHINGTON. Dec. 9. The jires complaint. and seize and take into 'dent's charge that an "Insiduous custody nil Intoxicating liquor and .lobby" existed in Washington, t was the packages and vessels containing I sustained today by a unanimous re tlie same found therein, and safely l'rt of the house committee, which keep the same as herein provided. It I - - ' , shall be the duty of the officer re- ceiving such warrant to demand od-iJ"e in denouncing lobby and lob m lesion into such place and upon ' byists, d largely endorsed the admittance being refused he is here- i ory told by Col. Mulhnll, includ by authorized and required to force J "R what he said about the National open the same and execute said war-: Association of Manufacturers. Con rant. The property seized under such pressman McDonald, a progrestit, warrant shall remain in the custody made a separate report which was of the officer receiving tho same, "'"re strongly worded than that of and of his successor in office, until I lh committee proper. The enngrns the case has been decided bv the ' n handled the situation without court, and if the defendant or de fendants be found guilty the proper ty seized shall be destroyed by such officer. "Section 4. In all prosecutions or proceedings under this ordinance it shall not be necessary to state the kind of liquor sold, kept or harbored, nor to show the knowledge of tho principal to convict for the acts of an agent or servant; and in all cases i the persons to whom intoxicating liq nors shall be sold in violation of law shall be competent witnesses. The issue of a licene or internal revenue special tax stamp by tho Federal gov ernment to any person for the sale of Intoxicating or malt liquors shall be prima fncie evidence that such per son is selling, exchanging or giving a wuy intoxicating liquors. All bev erages containing more than one per cent by weight of alcohol, and fer mented cider, commonly known as hard cider, and all spirltous vinous and malt liquors shall be deemed in toxicating liquors within the meaning of this ordinance.' The only question raised regard ing the hasty passage of the ordi nance came from Councilman Fuller ton, when he. inquired 11 the ordi nance, in substance, did not cover the same ground as the state law now in effect. In making this inquiry Judge Fullerton said he did not deem it wise to invoke an ordinance, which would shift the burden of prosecutions from the state to tho city. Prosecutions, Councilman Fullerton contended, were costly, and that the city should not be required to spend money in relieving the state of its responsibil ity. When assured that the provis ions of the ordinance were not in tended to add expense to the city, Councilman Fullerton was satisfied and cast his ballot In favor of the measure. The Occupation Ordinance. The occupation ordinance, which Portland Voters Would Cor rect the City Charter. ISSUES CONFRONT CITIZENS Mobilijillon of WeMwn Division of the I tegular Army is Planned Hod Bluff Selected of Place of Mooting. PORTLAND, Dec. 9. The elector ate of Portland is voting at a special election today on Several amend ments correcting defects in the city charter which have been revealed since the commission form of gov ernment went Into effect last July, and bond issues aggregating approx imately $275,000 for permanent lin provements. Tho bond Issues Include $200,000 for the improvement of i vnrlmiu iiiirVc nnii nlnvL'rntiiwU nf thai city; an issue of $50,000 for a muni ... , , ... cipal paving repair plant and an Is sue not exceeding $25,000 for the establishment of a municipal mar ket or markpts. An act to amend the ELECTlONTODAY rharter of the city so as to provide of ti)Pl practice of certain residents ,n(ls- 'luring which time they con that officers appolned by ho cotin-' wno frequently accept contractu for traded for all of the nvailable sup cil, instead of all appointed officers! hanihiL' without tmviiii: the usual li- P'V ' remarkably low quotations, shall serve during the pleasure of the council. MoliilJjitiitn l Planned. SACRA MKNTO Cal , Dec 9 j ffhat mobilization of all the forces: of the western division of the regu - lar army ann me memuers 01 me state national guard of all states comprising the division :will take place at Red Bluff in thp near fu ture Is Indicated here when It was learned that Major General Arthur Murray, U. S. A. and Adjutant Gen eral Forbes, of the California nation al guard had visited that town to select a site for such a purpose. LOBBY EXISTED House Committee Submits Unanimous Reports. I STORY IS ENDORSED American Fedei-aion of Jiiilmr Kxon cinte of Lobby C'harKO Work of Mi's.' Association llramlel Outrageous. mvesugaiea me president s accmsa ... . - , - , Democrats and republicans gioves. in tne majority report man ufacturers were declared guilty of improperly preventing or seeking to prevent legislation unfavorable Ho their personal interests. The Ameri can Federation " of Labor was exon erated of tho charge of "corrupt and Illegitimate lobbying". Congressman Mart hold t. Burke. Calder, Sherley. Webb and FairchiSd, all mentioned t Col. Mulhall's nnrrative, were ex- onerated "As for the National Association of Manufacturers, and tho National Council of Industrial . Defense,' the report said, "we think it both offen sive and outrageous that these as sociations should have their hirel ings about the capitol buttonholing members of congress. We think that they went beyond the efforts of legi timate el fort and deserve severest censure, as well as a pointed sug gestion that they completely reform Iheir methods or remain away in the future." fes To Paris. LONDON", Dec. 9. Mrs. Pankhur left London enrouto for Paris to day. She announced that she was going to visit her daughter, who has been exiled in France for some time. It was not stated how long the suffragette leader would remain away, but it is believed her stay will continue Indefinitely, Pnglish auth orities raised no objections to her departure, and It was unofficially stated that nothing pleased the gov ernment better than to have her re main outside of the country. Mrs. Paukhurst was so weak and en.-a;-!-ated from her recent hunger strike that she was necessarily removed to the station in an ambulance. . nns for its purpose the taxing of trades, occupations and businesses within the corporate limits of the city of Hoseburg, came up for its third reading last evening, but upon mo tion passage of the same was de ferred for one week In order to allow the preparation of a number of minor amendments. County Judge Dixter Rice was present at the meeting, and in a brief address said his notice had been called to the occupation tax assessed against bootblacks of the city. In most instances, Mr. Rice said, the owners of these stands were either mere boys or cripples, tho latter of whom were unable to earn a livell- r.tleU'VndTK-bcllillOBRORS OF TEXAS FLOOD INCREASING business, Mr. nice said many of them were the sole or partial support of! their mothers. and consequently , should not be taxed. "Several mot li ers of these hoys aro applicants for widows' pensions," said Mr. Rice, "and it does not seem right that these lads Bhould he taxed by the city. If the city persists in levying this tax many of the mothers will necessarily have to seek assistance from the county, and thereby runner burden the taxpayers." It was the suggestion of Mr. Hire that tho tax on bootblacks be eliminated. Chairman (Mark, -of the license committee, said ho considered it un just to tax tho bootblacks, and moved that the section of the occupation or dinance applying to this line of bus- lnPSS ie Htrleken nut. Tho motion .!.. .1 1. . .,!., cai I i'rii wmiwui uin.iniiiiifi Mr. Clark also asked that tho word ".Irv.mnn" tm It.fit.fd tn in clinic all persons who haul bv contract, f Councilman Clark said manv of tbo; Af'ltlniUtA Hri.vtneii hari rni'n nhi i n ed 1 rMtinrfiiunti ci-irU Miiid flip' license committee desired to play fair wth pvitv one. and consequently, thought all persons engaged in a slm- Hnr line of business should be treat- jC" n common Fred Wright, a local hill poster and distributor, was present and com plained regarding certain non-residents who made a practice of hill posting in Roseburg without paying a license. Winnie Oaddls, the plumbpr, also complained of the practice of non rMdnt plumbers, who came hero (Continued on page 4.) FOIl Ill SlXICSS MUX. . Mr. B. O. Leedy, past mas- ter of the State Orungo, and K. K. Illanchard. of Grants Pass, will address the business men of Roseburg at the Commercial club rooms tqmorrow evening at 8 o'clock. The subject will be "Co-operation between the the Business Men and tho Far- mors." Every business man In the city should hear this a dress " TKUX.ItAMN RMltliV SWAMP KOUKHT HOOTH, OF 101 (JKXK; HIS CAXJIIACY IS I'lUiKI) Friends of ltolnut I tooth Insist That lie Amioiiuee lli.s Candidacy for lT. S. Senator. Following the announcement in Sunday's papers that a large delega nun ur j-juki.iu? miu ijiiuw cimuiv 1POpIe hn(i calud on H, A Booth ftt tion of Kugene and ljiino county his home Saturday afternoon and had urged him to become a republi can candidate for the office of Unit ed state senator many of Air. Booth's friends and acquaintances who had not known that tho move ment was on foot Saturday called at his office and at his homo yesterday and expressed the hope that he would accede to the request that had been made, says the Kugene Regis ter . Other scores called him by tele phone, and last night another large delegation of representative citizens, both men and women, waited upon him at his home and further urged upon htm the acceptance of the call that had come to him from the peo ple of his own community. Added to the solicitations of the people here were letters and tele grams that poured in from all over the state all day yesterday. Last night Mr. Booth's desk was piled with tho expressions of opinion. Without exception these messages assured him of hearty co-operation, and promis ed strong support throughout the campaign should Mr. Booth decide to become a candidate. Mr. Booth is as yet undecided as to what ho will do, although ho appre ciates fully the demand that has been made upon him. Further than again thanking them for their expressions of endorsement, Mr. Booth made no replv to the delegation that called on him last night. He wishes to wait a few daytt until he shall have heard from other friends and other sections of the state In order to be able to Judge mre fully the need that exists. Upon the expressions that come from the other counties, added to the Bcnttment that has been expressed here ho will base his decis ion, which will probably be made public in a few days. L. B. Moore, local station agent of the S. P. line, has just received word that a tariff would reach here shortly -authorizing round trli fares irom stations in Oregon to points in California, on account of the Christ mas and New Years holidays. Rale dates will bo December 20 to 25 Inclusive and December 27 to Jan 21 inclusive. Final return lim it January 5, 1911. BUTTERANDEGG Trust is up For Probe in the Federal Court. I,Lt of Dead IteaiehoH One Hundred and Sixty Boat Hum)' Kewcu ing PersoiiM From tlio Flood DIM Hi t. CHICAGO, Dec. 9. Dissolution of the Chicago Butter & Kgg Hoard and the Klgin Hutter & Kgg Hoard as combinations in rest ruin t of trade, was asked today by Master In Chanc ery Morrison, who filed a report In Federal Judge Kohlsatt's court. The court will hear the arguments on the application tomorrow, Mor rison's report said that a careful in verftlgatlon nuulo showed that the two organizations were working In unison, and arbitrarily fixing the prices on butter nnd eggs in all of the Central Western states. Th- re- I,ort alleges that these two concerns regularly furred the prices drwu on tllObC products during ttlft flliull por- nd then In (Jio winter seasons Doom- f,'l ltrir' lo u11 ,,,al tll tnifhc siitmi, I IoimI Condlf hum Frightful. DRY A N. Tex., Dec. D.--Tho Hrazo river valley flood renditions are frightful and reports coming In from all over tho devastated district con stantly add to the horror of the situ ation. So far only 1H0 aro counted as dead, although hundreds more are missing, many of whom will undoubt edly turn up alive In the near future, hut It Is also certain that the death lint will be largely augmented when all the fatalities are known. Not iGARO IS VICTOR Regains Title to Property Valued at $40,000. DEED IS MORTGAGE SATS COURT Oregon Supremo Court Holds That lliiium WoHenherK Was With out Title to Vaiuablo HoNehiirg Property. A most Important decision was rendered by the Oregon supreme court today, when that high tribunal reversed the holding of Judge Law rence Harris, of Lane county, and bestowed the right and tttlo of cer tain property, heretofore, held by Himan Wolleuberg, and valued at ap proximately $40,000 in tho name of Simon Caro of this city. Tho prop erty involved Includes the building, now occupied by the United States land office, the building occupied by Ross Goodman, the tobacconist, the store structure occupied by C. II. Terclnski, and the residence prop erty situated at the northwest cor ner of Jackson and Douglas streets. The controversy betweon Mr. Caro and 'Mr. Wolleuberg dates back several years and was only settled after several legal battles which were characterized by many perplexing questions of law. A brief review of tho case follows: In the year 8U5 and prior thereto Simon Caro, tho victor in today's decision of tho Oregon supreme ."ourt, owed Hlman Wolleuberg tho sum of $1G,G10, which was secured by two mortgages covering the build ing occupied by tho United States land of I ice and stores occupied by C. H. Tercinski and Ross Goodman, and the residence property at tho northwest corner of Jackson and Douglas streets. In the year 1895 Mr. Caro gave Mr. Wollenberg a deed to the proper ty in lieu of the two mortgages prev iously executed. In the year 18!M) or four years later, Mr. Caro gave Mr. Wollenberg possession of tho proiKirty under the deed. Claiming to hold title to the property, Wol lenberg entered Into posssslon of the same as Its owner. Caro denied that Wollenborg was the owner of the property, mid in deleuse of his accusations alleged that the latter assumed possession of It as a mortgage, and for tho purpose of collecting the rents and applying the same on the mortgaged Indobtedness. It whs claimed by Caro, that the deed of 1S15, al though nbsolule In form, was given as a mortgage and that Wollenbei'g's entry therein was that of a mort rnneo in possession. An action to recover possession of the property was brought by Caro some time ago, and the caso was later tried beforo Judgo Lawrence Harris, of Fugene, In the local circuit court. in Tenaormg nis hoc is ion favorable to Wollenberg Judgo Har ris held that the deed executed by ( aro m favor of Wollenberg was a mortgage, but that Caro was preclud ed from maintaining a suit for the reason that the statute of limitations j had expired. In other words, Judge 1 1 arris nem in in miuuiu brought the action within 10 years alter Wolleuberg assumed possession of the property. Following tho decision of Judgo Harris, Mr. Caro appealed tho case to the Biipreme court, with the result that the ruling of the lower court was reversed. Although the full opinion or the supreme court has not been received uere, It Is believd that Caro will be placed In Immediate ownership of ir property. The property Is valued at approxi mately $10,000, and renders Caro a wealthy man. The attorneys involv ed in the action believe that the rents collected by Wollunbecg islnce ho came Into possession of (he property will practically wipe out tho In debtedness, and leave tho property clear. One question Involved in the case, details of which have not been re ceived here, Is whether the su preme court allowed Wollenberg for the actual cost of tho Improve ments iade by him since coming Into possession of the property. At any any rate, these expenditures can not possibly total mole than $5,000. Mr. Caro was represented by At torneys Card well & Watson, who made an excellent legal light on be half of their client. Wollenberg wits represented by Attorneys Coshow Hi Rice. Thero Is no appeal fnuu the de rision of the Oregon supremo court. and consequently Cam's right to thej proper! y negnis at once. i n oruur tliut ;i correct account of tho rents collected by Wollenberg niay be forthcoming, It Is possible that the Hijpreine court will tppoiut un ac countant to Investigate this phase of mill a furtlior full of tin vran-r re vhhIs tlmnn IjocIIi'h ikiw lifilil fUHl In tho dftbrlB bfneiith Iho rnsliln;; t-ur-rrnt ran anything like an accurate (tlmato of thu victim ho mado. RoMPUftrs aro hourly racing with tho curront to nave ln-twoen 3.00f) and 6, ODD rofuKt'H perched In Iroo topH or cllnuliiK to roofs of building In tho valley. HISIXG ST A It lll'VS. At a recent meeting of tho trustees of the several branches of the Odd Fellows order in this city, the Rising Star lodge purchased $2,240 worth of stock in tho Odd Fellows prop- erty at the corner of Jackson and CasB streets. The prop- erty la now owned by Philetar- ian, Rising Star, Union Kn- campment and the Kobekuh branches of the local lodge of Odd Fellows. The property Is valued at $25,000, aud the stock was distributed among the Boveral branches of the or- der on that basis. tho caso and thereby determine the exact amount of cash due either oC tho parties involved. GIltL IX Til K TAXI COMING TO THK UR AL THKATHK OX DFCKMItKFU THK 10TH Cast Includes Number of Clever Players -Scat Sale to lio Instituted Soon. Did you over feol that you wanted some good amusement to cheer you up? Not a play where you would have to tiro your brain, excite your nerves aud make you feel unnatural. Take yourself and some other solves to the Antlers on Dec. 10 and see the cham pion of all gloom destroyers, "The Gilr In tho Taxi." If you havent seen this bull's eye, but you have hoard or It, don't miss It. Paris, Now York, Loudon, Chicago and in fact all largo cities just raved ovor it. This oho sweet girl In her taxi has attracted more admirers than a cool shower on a hot day. Go with your laughing apparatus well oiled up. You -may be an old grouch yourself, but this is one classy comedy with Its cute sougB that will bring you back to Huppylnnd. Order Beats now, CITY NEWS. The Roseburg Gun Club is nego tiating for the purchase of a small tract of land, owned by Kugene Han au and situated at a point about two miles south of the city. Hi the event It Is purchased the bind will bo used for gun club purposes. A move Is also being made to erect a small, yet modern club house on the land, 1C nurchuscd. This club house, the mem bers of the association believe can he erected for a sum not to exceed $400. The marriage of Miss Alma Powell, of Oakland, to Delbert W. James, of Roseburg, was solemnized at high noun, Saturday, December fi, ttt St. George's Kplscopal church. The wed ding ceremony was performed by Rev. Cbas. Wilson Rakor and wit nessed by a few Intlmalo friends of tho contracting parties. Mr. James Is a Southern Pacific hrakoman, and his bride is one of Oakland's fair est daughters. Tho happy couple will make their homo In Roseburg where a host of friends extend con gratulations. LOPEZ IS ALIVE Poisonous Gases Fail to Kill Bandit. STILL HIDING IN TUNNELS OF UTAH MINE (fiijmin at. Hutruiit'o Hour IHmtiu1o Moving AIkiiiI 111 Tliniic'l Dur hiK NlKt PnsM's I'hU'Ii InK KxHn Oouhlinl. (Special to Tho KvcnlnB News.) 8AI(T l.AKK. Dec. I). That thoy heard l.opcz, the Mexican bandit, moving about near one of tho en trnnccH of tho Apex-Utah Mine dm ItiK IdHt nlKht, was reported t"hls innrnliiK t" Sheriff Hinit.li by Pollu tion Miller and Kueknr, who oro on Kuanl nt tho biilkbeii.) of the Andy tunnel leiidlm; into tl u work Inns. Tho tihoriff Immediately rlieiiKlhened tho guard about tho viirious exltH of tho mine In ordor to picvnt i he deipenulo from making a probiililo Ket away. t Dlnghum two hIiouiIiik nffriiy took place lint niKht over dltipute urlHinv; from tha Lope, cae. l-'Mi anil Cilllin roinnibedon. HA1.KM. Dec. !. (Joverner Wat toilav announced !be appointment, or II. It. Clifford, of linker ('ity. ami I'loyd Illlyeu, or I'orllunil, ,i Iwo of the members of the new flh and Kiime ponimlHHion. Up to noon the Kovernor had not recelven a reply from the party to whom no offered tho third place on tbi commission, nor would ho rIvo out. the niimo of tho Individual to whom tho nppo'nt ment haa been tendered. The com mission Is In session hero thin after noon. Hesldoii the two now members, M. .1. Kinney Is attending. It la -pectod that tho board will orstanlio this afternoon by selecting a chair man and secretary. o