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About The evening news. (Roseburg, Douglas County, Or.) 1909-1920 | View Entire Issue (March 21, 1916)
9 Dali ni port lbitli Tonight and WerilLCttMa-y. Highest temp, yesterday 53 Lowest temp. hiHt night ......39 VOL. VII. ISOSEItrlSfi, DOUGI.AS COUNTV, OltKGOX, Tl KSDAY, M.VltOH 21, 1910. No. M u 2 Jtpiip T RESTRAINS CITY Skipworth's Decision in Circuit Court is Reversed. Mr. Ooshow la Unable to State at the Preesnt Time How Far Jteaching Decision Will Prove to Be. SALEM, Or., March 21. Revers ing the lower court lor Douglas county in the case of Hunter against the city of Roseburg, the supreme court today held Illegal the Issuance of $300,000 Tjonds by.the city toward construction of railroad and saw mill by Roseburg & Eastern Railroad Company. The opinion holds contracts en tered into by the city and railroad were illegal because they were con trary both to the city's charter and the constitution. The part of- the constitution to which contracts are Inimical,- according to the opinion, Is article XI, section 9, providing that no county, city or town, or other municipal corporation, by vote of its citizens, shall become stockholder I in any joint stock company, corpora- i tlon or association or raise money j for, or loan Its credit In aid qf any such company. Bond Issue and Contract Invalid. SALEM, March 21. The supreme court enjoined the enforcement of the contract between the city of Roseburg and the Kendall Lumber Company, and forbade the Issuance of the $300,000 bonds. Justice Bean, in writing the decis ion reversing Judge Sklpworth, said the city charter glves.no authority! for such a contract. Ta mingling of public and private funds Is de clared to be a violation of article eleven, section nine, of the state con stitution. He points out that there are no provisions in the contract fixing rates so the corporations would have net profits to aid the city in liquidation of Interest. "The whole scheme seems to con template a temporary utility, such as logging railroads usually are. With the timber transported, the leased rails and the equipment be longing to the corporations removed. the city would have a roadbed, old ties and a fenced right 'of way which, under ordinary conditions would be of little value, in fact, a mere shell." It said that in sixty years the in terest on the bonds would tible the original amount, and that Imme diately after that period the com pany would have the right to pur chase the line at smaller figures. "Viewed from any standpoint as indicated by the contract, it ) a plain violation of the organic law." When Interviewed this afternoon Mr. Coahow, who has had charge of the city's interest in the case, stated i that It was Impossible today to tell j how far-reaching the decision might be. In the former case which was tried before the supreme court it was proved that the city had the power to issue bonds for railroad con struction and In the latter trial this feature did not enter into the case, the issue centering entirely around the provisions of the contract be tween tho city and Kendall Bros. Mr. Coshow believes from the amount of information on band this afternoon that the contract only is objected to by the supreme court and that the restraining order is made only while the contract is under con sideration. Should Mr. Kendall be willing to enter into another con tract conceding to the city the pro visions to which the court objects it Is highly probable that the order would be removed and the city at lowed to go ahead and issue its bonds aB was at first contemplated. Many believe that Mr. Kendall would be unwilling to enter into another agreement with the city. His SUPREMECOUR ISSUSNGBONDS work has been greatly retarded and he has met with opposition at ev ery move and at his last visit he was much discouraged over the out look. It is also understood that he has been made an offer from Sutb erlin to work In connection with the Roach timber Interests In construct ing a railroad and saw mill east of that place and many who are closely In touch with the situation- believe that rather than concede to the de mands oft the court he will accept this alternative. However, as no word has as yet been heard from Mr. Kendall, he may be willing to enter into a new agreement with the city which will meet with the approval of the su preme court. At any rate the work will be delayed for several months while the litigation is settled. At the time of leaving Roseburg last Friday, Mr. Kendall was ready to start work at once. He was much discouraged that a favorable decis ion had not been received, but like others who were familiar with the conditions of the court, thought the delay was caused by the sickness of Judge Aiken. He has not yet been notified of the decision of the court and until all particulars have been obtained no word will be sent him. He will probably be notified tomor row morning or afternoon, as It Is thought that the full text of the de cision may be bad by that time and an immediate answer as to his posi tion may be expected. The decision. Is a severe blow to the city, as the officials had been confident of a favorable verdict and considerable -money had been spent in the purchase of rights of way and court procedure.,. This money was raised by popular subscription among the merchants of Roseburg and the residents of the outlying districts and a considerable hardship is work- ed on them as they had expected to see quick and ,full returns of the money which they expended in this cause. While waiting for further word to be received the decision was the basis of a great deal of discussion on the streets this afternoon. Both sides were well represented and many heated arguments were heard. VILLA'S FARCES Pitched Battle With Carranza's Forces End in Defeat. ARMY AVIATOR IS SEVERELY INJURED Oorranza Inquires of Washington Authorities the Number of American Troops In vmllng Mexico. EL, PASO, March 21. Pershing wirelessed headquarters at Columbus today, that the Carranzatas severely defeated the Villlstas yesterday in a pitched battle, and that Villa re treated Into the Santa Clara moun tains. Oavarla heard nothing of the outcome of the Namiqulpa engage ment this morning. "I think it Is only a matter of a short time until villa Is taken, dead or alive. The wires are down, but I have reason to believe that the Villlstas are en tlrely surrounded by the Americans and Carranzlstas." American Avlnlor Hurt. Lieutenant Bowen, army aviator, was seriousfy Injured, "somewhere In Mexico," was announced today His aeroplane fell while be wai scouting. This is the first case qii record where an American aviator has been Injured In active service. Bowen joined the expedition at San Antonio. Carran7j Asks Questions. WASHINGTON, March 21. Car ranza asked how many soldiers com posed the expedition hunting Villa The American consul at Queretaro forwarded the question. It is export cd that the state department will reply that, forces only sufficient to capture Villa, and that there is no Intention to pursue operations there after. The president and cabinet (Continued on page 5.) BADLY BEATEN TRUSTEES CALL MASS MEETING OF CITIZENS Sugar Beets and Flax Raising Will be Topic Discussed. FARMERS ARE URGED TO BE PRESENT Commercial Club It Giving Its Assistance to Every Project Which Will llouefit Tho City ami Country. The trustees of the Roseburg Com mercial club held a busy session at the club rooms last evening, at which many topics of importance to the community. ty4re discussed. Four new members gre admitted, G. C. Moore, Geo. F. Skiff, Archie Ama dou and A. G. Rule. A letter was received from the Portland flax com mittee stating that they had already made arrangements for the construc tion of a flax plant at Eugene, for which the Eugene people had sub scribed $5000, jaid which was cap able of taking care of the crop from 300 acres, this being the acreage pledged there. They suggested that three or four ten-acre tracts of flax be planted at Roseburg this year to test the quality of the land and pro duct, and that this flax be. handled at the state plant at Salem. Then if the results justified a similar plant could be 'erected at Roseburg next year to handle all that might bo planted. The club will take up the matter of securing seed t&r 40 acres at once, and will endeavor to mako arrangements as suggested to have the flax tank-retted at Salem. Inquiries were received from tho Seattle Automobile club asking for Information about the Pacific high way, as many were already planning on trips which would take them through Roseburg, and wished to start as soon as road conditions jus tified. A emmunication was received from OHIO NATIONAL GUARD EAGER FOR SERVICE ON TEXAS BORDER Fifth Iltgtmenl, Ohio National Guard, on march; ). N. G. cavalry on march; Adjt. Gen. It. M. Hough (left) and Cel. C. X. Zimmerman. On the day the government decided to send a punitive expedition into Mexico. Col, C. X. Zimmerman, com-: mander of the Fifth regiment, Ohio National Guard, wired to the war department, asking that his regiment be the first to he tilled out in case any part of the militia should be needed to patrol the Texas border. A day or two Inter, Adjt. Gen. B. M. Houh, commander of all tho militia forces in tho state, went to Washington in re poime to a hurry call from the war department. The O. N. G. U in instant readiness for a call. J a Portland firm relating to the es tablishment of a small manufactur ing plant hre, which was referred to industries bureau, of which W. II. Richardson is director, for Investigation. A communication was received from the Satem Commercial club urging the establishment of a plant for the printing of school hooks in Shis state, and referred to the legis- ; Intivo bureau. The matter of Intro-'; u.i ui the broom corn industry here was discussed at length, and the so?ret:iry has. written to the depart ment of agriculture for sufficient seed to plant one acre which will ho distributed among several farmers in order to test the capabilities of this vjiHey to produce good broom corn. It is now worth from $150 i ') pnr ton, and would pay well f it is fitted for our soil and cli mate. ! The most important business which was considered was the mat ter of starting the beet sugar in dustry here, if conditions justify it. ttr. F. S. Bramwell and Mr. Sam uol Story, representatives of the Oregon-Utah Sugar Co., were present and explained the beet sugar matter fully. The trustees decided to cull a mass meeting of business men and farmers at the Commercial club Wednesday evening, when these two gentlemen will fully explain all mat ters connected with this industry, and enough land will he signed to make a thorough test as to the yoild and financial returns. Mr. George E. Sanders, who Is the vice-president of the company will also be here and address the meet ing. According to Mr, Bramwell, his company will erect a sugar factory, similar to the one now bulldingat Giants Pass, in any oemmunity which will sign up oOOO acres for sugar beet "production. Such a fac tory will uave a capacity of 1000 tons of beets per day and; will em ploy about 150, men for four months in the year, and a smallor force the year round. Mr. Bramwell and Mr, Stdrey are soil experts, who will ex amine all ground offered thorn, and ii accepted uie company win lur- j nish seed, and hand labor "for the growing of the crop. They guaran-j tee that the cost of bringing an acre; of beets to maturity and delivering thorn at the factory will not exceed $35 per acre, and the smallest yield that can be expetced is 10 tons Pt (Continued on page 8.) - BUSINESS MEN II T Mayor Appoints Committee to Investigate Proposition. M. BULLWINKLE AGAIN ON COUNCIL Designation of A. G. Sutherland Vm Member of Hoard of Fire Commissioners Is Accepted. Although the council last night disposed -or a great deal of Import ant business. The session was not long, ana adjourned at an early hour to meet again Wednesday night. One of the moBt Important mat ters considered was the election of a councilman to fill the vacancy made by the resignation of Councilman Hargrcaves, who has moved from his ward. H. M. Dullwlnkle was nom inated by Councilman Chas. Clark, and Mr. Dullwlnkle was elected on vote of the council. Mr. Bullwlnklo has served before on the council and Is familiar with the duties of lv office. He has proved himself to be a supporter of all movements for the best Interests of tho city and a man with excellent business Judg ment and will undoubtedly provo an efficlont and able councilman. Immediately after his election ho was notified by the -(marshal and proceoded nt once to the city hall where he took his oath of office and mot with the council In his official capacity, A petition of the residents of East Second avenue north between East Third streot and East Fourth street Asking for a concrete pavement to be layod on this block was referred to the street committee for Inves tigation. A complaint against the unsani tary condition of the chicken and barn yard of ChaB. Miller, who ro- EAVORGRAVITY WATER PLAN sides In North Hoseburg, was read. Councilman Clark, chairman of the health and police coramlttoe stated that a nottlce haoVii'AelV served and that unless tho nuisance was abated tho city would see that the property was cleaned up. The complaint waa laid on the table until It Is aeon what action shall be takon. ; A petition signed by 28 prominont business men and tuxpayors was then read asking that tho mayor appoint a oomnnlttee o councilman to In quire into the feasibility of tho city installing a municipal gravity water system together with the estimate, cost of construction, the committee to report at as early a dato as pos sible so that In tho event It is doom ed advisable tho question may bo submitted to a vote of tho residents of the" city. The potltion was or dered accepted and Councllmon Gilo. Shambrook and Bullwlnklo appoint ed as a special committee. On account of the poor condition of his health A. G. Sutherland was forced to tender his resignation as a member of the board of fire com missioners. His resignation wage cepted and S. K. Sykes appointed to fill the vacancy. ' The committee on current expense and accounts, which waa last week orderod to Investigate the Insurance on the city property stated that they had judged the amount too low and had raised the Insurance on tho city hjnll (1,000, making a total "or $2,00 on the building; bad placed $050, on the office furniture, fix tures and records etc., and $300 on, one team which was uninsured. Tho report was adopted by a vote of tho council. The report ot the streot commlttoe approving tho plans and npeclflca tlons for the Improvement of East Sixth stroot was adoptod. Councilman Clark reported that the compluiiuts In rcgnrd to the uew or on Short Btreot had boon Investi gated and It wag found that the pipe on Spring and Short streets had been broken and stopped up by tho roots of trees. It was necessary to take up the sower for a distance of about Bixty foot and rolay tho pipe. The trees wero cut down and tho roots killed. The committee of tho whole ap pointed to doclde on tho type of fire truck that the city should pur chase, recommended that the city buy a typo D, Brockway fire truck, tho purchase price to Include the services of an onglnoor to sot up the maclilno and Instruct two men to drive It. Tho report was adopted. Councilman Qlle reported that he was building a garage on his prop erty and asked for permission to pave his parking for a distance of ten feet, the request being grantod;' City Attorney Carl Wlmborly stat ed that the time was not yet up on the awning ordinance so that no tice could not yet be served tout that he had prepared a igonoral resolution which would authorize the marshal to Borve notico as soon as tho time Is up which will be March 25. The resolution waa adopted. The ordinance providing for the repainting of telephone and elec tric light poles was read fort tho third time and passed. ! The mayor stated that a com mlttoe had waited on him and ask ed for permission to uso tho park ings on the north side for gardens, but as it was reported by the street committee that crops wore already planted (In llveso places by tnein bors of the street cleaning depart ment, no action was taken, . As thero was no further 'busi ness, tho meeting adjourned to meet Wednesday night If tho decision Tti tho railroad case Ib received. GROUND GAINED BY I'AItlH, March 21. The German attacks gained them some more ground on tho west bank ot the Mnuse, It Is officially admitted. As jmults were renewed last night on the Abancourt Mullncourt line. The Germans occiiplod tho southeastern part of Mallncourt road, however, they lucked power, although a heavy bombardment and liquid flro pro ceded the Infnnlry attack. Else where tho Verdun front was quiet.