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