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.