Daily Weather Report
Tonight mid Wednesday KiUr;
Warmer WcduoMlny.
Highest temp, yesterday ....70
Lowest temp, last night ....49
VOI VII.
KOSE1MJKG, DOUGLAS COUNTY, OllEGOJJ, Tl'HSDAY, JULY 1H, 1010.
No. 17 I
BRITISH ARMY
GAINS ALONG
BIG FRONT
Rain Hampers Movements of
The Troops.
IMPORTANT POSITIONS LOST TO BtEMViS
Counter Attacks Made By The
Teutons Are All Checked By
French Forces West
of Peronno.
LONDON. July 18. General Halg
reported that the British have pro
gressed substantially 1000 yards last
night on the front near Ovillers, a
heavy mist and rain hindering the
advance. The Germans lost several
Important positions, many prisoners
and six Maxims.
Germans Start Counter Attacks.
PARIS, July 18. It was announc
ed that the Germans have started
heavy counter attacks on the new
French positions west of Peronne,
hut all attacks were repulsed. The
battle Is continuing, and the Ger
mans have repeatedly assailed Lam
ainennette. The most violent combat
Is near Blaches.
Claim All Attacks' Repulsed.
BERLIN, July 18. (via wireless
to Sayvllle.) It is announced that
the Russians are everywhere on the
offensive on the entire Austrian
front, and have been repulsed except
at one point in Volhynia where the
Austrian retreated behind the Llpa
river. The Russians were heavily de
feated when they attempted to ad
vance around Lutak. Kuropatkiu
still continued his strong attacks on
the Riga front, and penetrated the
German trenches at some points, but
the Russians were ejected later. The
statement said that many Russian
patrols had been repulsed. The
.British and French resumed their
drive on both sides of the Somme
last night. The Germans repulsed
the British attack at Pozieres and
the French attacks In the Bisches
regions. There were only small hand
grenade fights on the Verdun front.
NEW AMBASSADOR TO TURKEY
WASHINGTON, July IS. Presi
dent Wilson has nominated Abram (
Klktis, of New York, ub ambassador
to Turkey. The nomination was prac
tirally decided upon days ago. but
was held up pending inquiries j
whether Elkus was acceptable to tne
Turks.
ROSEBURG IN
1?
Simon Sunich, an employe of the
Dysinger" mill, has invented a non
refillalile bottle and has made an
application for a patent. The device!
is very simple in construction and
can be made at a trilling coast and j
will absolutely prevent the refilling,
of a bottle after it has once been'
used. Such a device would have an
immense sale and should make the!
inventor a wealthy man. Tho de-j
vice Is such that only a '.'ight chance
in the shape of the neck of any hot-j
tie will insure It against being refill
ed. It is non-corrosive and the device
which prevents refilling doeR notj
come in contact with the liquid, as ai
rubber or cork stopped Is used be-j
tween it and the contents. After a
bottle has once been opened it can ;
never be used again for commer-:
rial purposes. This device will doubt-
Icfs be in great demand after it be-,
come known as manufacturers have
i been searching for many years for.
. something which would prevent their
articles of manufacture from being
Imitated by some unscrupulous mer
chants who take the emptied bottles
and refill them in violation of i
law, but escaping as detection is a I
very difficult matter.
yir. Sunich is a young man, born j
in Austria and having lived in this
country but a short time. He has
been employed at the mill for sev
eral months and Is a valued and
trusted employe. He has made hi?-
application through Attorney C. F.
Hopkins.
wirki.kks iiAititF.i)
THE DEUTSCHLAM)
BALTIMORE, July IS. The gov
ernment has prohibited the captain
manager of the German submarine
Deutschlnnd, from using the Tuck
crton wireless station.
APPEAL DENIED CASEMENT
LONDON. July IS. Tho court of
criminal appeals dismissed the ap
peal of Casement. The consul for
the dofense argued that the instruc
tions to the Jury were inaccurate.
Unless the crown commutes the sen
tence, Casement wilHiang.
MOTION FOR
APPEAL DENIED
Judge Skipworth Makes De
cision Against the County.
WILL APPEAL TO SUPREME COURT
District Attorney Netliicr Contends
County is Not esMinsihIe
for Accident. When St-iiso
lA'ft The Itoud.
District-Attorney George Neuncr,
today received notice that the mo
tion for a now trial .made by Doug
las county In the case of K. M. But
tle vs. the County of Douglas bad
been denied by Judge Skipworth, be
fore whom the case was tried. But
tle sued the co, -.ty for $10,000 dam
ages for injuries sustained when the
stage in which he was traveling be
tween Elkton and Drain overturned,
Jaring him for life. The caso was
heard at Eugene and the jury award
ed Buttle damages In the. sum of
1 1.100. The county Immediately fil
ed a motion for a new trial.
The motion was denied, Judge
Skipworth holding that Sec. 6376 of
Lord's Oregon Laws, under which
the action was prosecuted, had been
construed by our supreme court In
the case of Bailey vs. Benton county.
Being a case where the plaintiff was
injured by a defective bridge, the
supreme court holding that the law
imposed upon the county tho duly to
absolutely discover and know the
condition of its roads and bridges
and prnctirally makes its failure to
discover, an actionable negligence.
The district attorney for Douglas
county contended that if the defend
ant proves that the proposed road
was in a reasonably safe condition
at the time and place of the acci
dent then the county would not be
liable.
Judge Skipworth holds that to
have submitted the case to the Jury
according to the theory of the de
fendant would have been an error,
inasmuch as the case above cited ap
plies to both roads and bridges.
The district attorney stated today
that as soon as ho could have a tran
perip of the testimony he would file
n bill of exceptions and perfect an
appeal to the supreme court.
Mr. Nuner contends further that
In this case the- accident happened
outride of the county road and was
-iiifed solely and entirely by the
ncc'irence of the ptape company. In
that th Hriver of te stage depart
ed from the main traveled roadway
when the hind wheels of the statre
struck a rock which caused the
stage to overturn, the vehicle at that
time being overloaded, having three
trunks, three hundred pounds of
mail, three passengers, bcsldcB the
driver and a suit case belonging to
each of the passengers. The driver
of the stage admitted on the stand
that had ho not hit tho rock the
stage would not have overturned or
had he stayed Id the road the acci
dent would have been avoided.
The decision will be important in
FEW BUSINESS
HATTERS ARE
DISCUSSED
Allow Contractor Money For
Working on Street.
ERROR IS FOUND IN CITY'S DEEDS
Engineer is Ordered to Pi-cpuro Plans
und Spwlf icat Inns for Proposed
Sewer Improvements iu
Flint's Addition.
Besides the railroad matters which
..iused so much interest last night,
Wo city council .transacted a number
( important business matters, as a
,ai't of their regular business meet
ing. Uue of the first matters to be con
sidered was that of allowing Con
tractor Ilildeburn the final certifi
cate for his work on East Third
street and Second Avenue North.
Theso two streets have been paved
and the earth Bpread upon them for
their protection. It will be 30 days
before the covering can be removed
and Mr. Ilildeburn askod that the
council grant him his money before
this time. In order to assure them
that he would remove the dirt from
the street posted two checks with
the city recorder, each in the sum of
$50 to be forfeited in cane he failuil
!o comply' with hl5 agreement. The
proposition was accepted and , the
city engineer Instructed to prepare
the certificate at once.
Tho health and police committee
reported that they had examined the
area of East Lane street, Terrace
park and Overlook addition with a
view of determining the sewer facil
ities and found that only two con
necting sewers were needed. The
proposed that theso bo constructed at
once and that (Tie cost be assessed to
he property tributary instead of
merely to the lots . through which
they passed. The sewers which will
be constructed to care for tho large
amount of water comes from this
section and which has done consid
erable damage during the past fow
years.
An error found In a deed held by
j qiienco nearly enough guarantors
that It will set a precedent and if the. have signed the contract agreeing to
ruling of tho trial judge Is sustained stand responsible for the amount of
It will bo necessnry to get relief from ' money necessnry to bring tho chau
tho legislature in a modification ofitauqita to tho city A few more
the statute or the county court will names are desired for the contract,
be required to erect barriers at dan-;
gerous places or to fence its high-'
ways, so that persons cannot deviate
from tho main traveled ways and bo
"J1""0"-
ANNAMESE TROOPS FIGHTING WITH ALLIES AT SALONICA
""
Annamese troops are now fighting with th allies at Salonlca, having
Their equipment ia most modern, excepting their hats, which are made of
khaki. Annam is a French protectorate and tht soldiers now flghtirn tut
Thej art near relatives to th Chines.
the city was ordered corrected. At
the time that tho city purchased sev
eral lot3 In the city for delinquent
-uX'.s ihoro was a mlstuko made in
one of ho deeds, the number 74 be
ing used for unmber 84 in refer
ence to certain blocks. Tho owner or
the property on which the assess
ment was due later came and paid
the amount when the error was
!'iiu-d. It was then corrected by
giving a quit claim deed on the prop-
city mentioned In tho former deed.
jThe expense of filing and revenue
stamp will be borne by tho city and
a warrant was ordered drawn for
the amount.
An ordinance providing that tho
city i3sue bonds in tho sum of $456
sewer improvements was read
j for tho third time and carried by a
I unanimous vote upon roll call,
j Councilman Charles Clark called
I tho attention of the street commit
tee to tho fact that a cross walk In
front of the property of H. C. Darby
in North Roseburg, was out of lino
and should be repaired. Councilman
Shainbrook, who Is the chairman of
the committee, stated that ho would
make an investigation today .and
have the walk repaired if repairs
were needed.
TJio remainder of tho mooting was
given over to reading of the mayor's
report and discussion of the railroad
situation.
HERE NEXT YEAR
With tiie program given by the
Kaffir Boy Choir last night tho
Koseburg Chautauqua closed Its 1916
session. The program was greatly en
joyed by tho large audience In at
tendance and all seemed delighted
with tho Chautauqua program of
this year. It has been held by near
ly every one with whom the matter
was discussed that it lias been tho
best ever brought to this city and
the ready response met by he com
mittee in securing guarantees for
season tickets is evidence" that such
is tho belief of a great many.
Ono of the committee this morning
said that the contract with tho com
pany ror tho year 1917 was practic
ally assured and that Uoseburg could
he looking, forward to another of tho
delightful sessions. Although tho
full number of tickets desired waa
not obtained more have been con
tracted for this year than were ob
tained Inst summer. As a consc-
but it Is believed that they will be;
added within the next few days and j
that the contract can be forwarded j
to the company before tho end of the i
week. 1
j ''ift A , 'I i'i Vi" .. ,Vf,4 M
MAYOR RICE
DISAPPROVES
ORDINANCE
Will Not Sign Until the City is
Given Protection.
SAYS THAT "LIFE IS TOO UNCERTAIN"
Itolicvos Kendall to lie n Man
of Honor and Ono Who Will
Fulfil! the lronU.sos
lie Una Made. :
Although a pyrotcchnical meet
ing of the city council was expoctod
last night it failed to materialize
and by a crook of the city charter it
will bo necessary to wait for another
week before tho crisis in the railroad
situation is ' passod. The council'
chambers were filled with the eager
spectators who were anxiously wait
ing tho outcome of tho situation and
as the routine business mutters were
tiisposed of they became more expoet
ant and more restless. Gradually
tho tension grew stronger until the
recorder picked up the mayor's re
sort from tho table and read It aloud
10 the council. As he read tho room
was still and after he had finished
no one stirred for several minutes.
All wore wondering what was com
ing next when City Attorney Wlm
berly spoke to Recorder Whipple,
telling him to call tho roll us to
whether or not tho ordlnanco should
be passed over the mayor's veto.
Beforo this could he dono the at
tention of the council was called lo
the fact that tho city charter pro
vides that afor an ordnianco Is veto
ed it must be left on tho table until
tho next meeting. This Tact was also
explained by Attorney Elbert Her
mann, who was present. A discus
sion arose as to whether or not the
meaning of tho passago was that It
should he held aftor bolng roturned
to' tho council or the recorder and In
order to reach a sure settlement n
motion was made and carried that
the measure should wait until the
next regular mooting.
Tho mayor's report was as fol
lows: To the Common Council, City of
Roseburg.
Gentlemen: I herewith return to
you tho ordlnanco entitled "An Or
dinance providing for the construc
tion of a standard guago railroad
from tho city of Roseburg to Rorlc
creek In Douglns county. Oregon, ns
authorized by sections 1 SO to 161 of
tho charter of the city of Roseburg,
Oregon," with my veto
My reasons for not approving this
ordinance are that after carefully
reading over tho specifications, I find
been called into the war by France.
woven bamboo fibre covered with
U oiiied cuv am well tiuiucd.
thnt the city will have a railroad
without any ballast under the ticB
and with Insufficient equipment, to
operate such road. A railroad ac
cording to these planaand specifica
tions cun never be operated until it
Is properly ballasted ana until tha
proper rolling stock is added. If wo
could enter into a lease or this road
providing for ballast and upkeep or
had assurance that mills would be
constructed at Rosoburg to provide
traffic for the road, the question of
ballast would not be so material, al
though I am quite sure that the,
rsuroaa couiu not be operated In tho
winter unless It had tho proper
amount of ballast. 1 cannot con
scientiously approve an ordinance
adopting plans and specifications
which do not provide for adequate
bnllnst and rolling stock. Unleagr4
either a valid I
yiuimiug
ballast and upkeep or unless a law
ful and binding contract for the con
struction of mills at Roseburg can
be entered into contemporaneously
with tho contract for the construc
tion of the road, I cannot approve
the ordinance. 1 am aware that tho
approval of this ordinance does not
mean that we will be requlrod to ac
cept any of tho bids submitted, but
If we are not advertising for bids in
good faith and with the Intention,
of ontorlng Into a contract if a sat
isfactory bid Is submitted, I am not
In favor of Incurring the expense ot
idvortlslng for bids. 1 have no assur-
miee uiui you win not accept a bid
providing for the construction of tho
railroad according to the plans and
specifications filed without any
Riinrnnty whatsoever t0 tbo city that
tnilla u'lll I. a n,...at..n.nj it.-.
fond can bo leased after It Is com
pleted. If wo aro going to construct
a rnllroad without a lease or any
guaranty that mills will be construct
ed, lot us hnvo a road that Is ade
quntey ballasted and equipped so
mm it cun oe operatea wnon com
pleted. I would not spond my own
money on Bitch a contract with only
verbal nssuranro of a Ioaso or mills
and I feel that It Is my duty to ex
ercise Tho samo or greater care In
expending tho money of tho city that
T would In oxpondlng my own. The
porson with whom we have had some
preliminary negotiations with re
gard to tho construction of this road
I ''elloved to be a mnn of honor and
one who Willi fulfill his promise,
but it is not business to approve an
ordlnnnro authorizing tho expendi
ture of threo hundred thousand dot
lars of tho city's money on tbs
verbal promise of any man. Life Is ,
too uncertain. With a valid loaso
lirnvtfllllO, fnl tha l.ullnut ..! ,.lnn..
............ ...u miw iin;uf
of thn railroad, or with somo assiir- (
mice that mills will bo constructed .
at Roseburg, I will bo pleased to ap
prove this ordinance adopting the
pinna and specifications which have
been submitted by your committee,
olherwlao II will be necessary to re
vise the specifications to Include
proper ballasting and ndeqtiato
equipment before I ran glvo my ap
proval to tho project. For the above
reasons 1 am compelled to nnd do
herewith return said ordinance not
npproved.
Respectfully submitted,
N. RICK, Mayor.
NO DREADNAUGHTS
FOR PACIFIC COAST
WASHINGTON. July is. --The
s nate voted 48 to IS aga'nst tin
a:. u ndhieut. of the Farlnr ceat sen
ators to the general naval bill, pro
viding that three of tho prop-isod
dreiitlnaughla be inn inti;i noi en the
western coast. Works, trues and
I'lielnn ei,.phi'ile:i!ly mij, purled th
the amendment. SwuiiHon and Lodge
Imlfited that tho amendment Infring
ed n thn cnnxtltutlonul powers of
the prei-ident as commnndc-r-li' chief
of the navy. The coast ip'safcers de
clared that no first class battleships
ere on tho I'arlflc coast, despite tho
possible Japanese danger. Tho sen
ate adopted tho naval program of
Wilson, providing for eight capital
ships thTs year, and sixteen within
threo years. Tho passage of tho
whole bill appears near.