Daily Weather Report
Fair Tonight anil Thursday.
mtm
Highest temp, yesterday 78
Lowest temp, last night 50
vol. vn.
ltOSEIllIRG, DOUGLAS COUNTY, OREGON, WEDNESDAY, Al til ST 2, 1910.
No. 184
Mb
DELEGATION
FROM GARDINER
ASKS FOR ROAD
County Court Decides Thty
Must Raise 1100 Dollars.
T0TALC05T WILL BE FOURTEEN TH0USAM1
Court Agrees to Apixi-oprinte $l;t,."(K
Rut Ask.s' That They Muke
l"l The Dh'foreiue lly
Suuscriittion.
That Gardiner people must supply
the difference between the $13,500
which the county court will appro
priate for the .purpose of building u
road betwoon the railroad station
oil Smith (YhV'r and the town of
Gardiner was the decision given, by
the county court this afternoon to
the delegation which came from the
coast city this morning. The same
delegation appeared before the court
a few months ago and asked that
this road be built, Mr. O. B. Hins
dale at that time offering to build
the road for the sum of ll,0Otj.
The court immediately ordered that
plans and specifications be prepared
and that bids be advertised for.
When the bids were opened it was
found that Air. Hinsdale's bid was
the lowest, but was tfor $14, COO.
The county court did not feel that it
could appropriate this large amount
of money for the one district, which
has not voted a special tax for the I
past four years, and so did not al-!
low a contract, but held the low bid
pending further action.
When court opened this morning
a delegation composed of J. S. Gray,
Fred Assenhohu, Charles Marks, W,
H, .lewett, Albert .Janell, O. U.
Hinsdale and A. LaKouehe, all lead
ing and influential citizens of the
Gardiner district, appeared and ask
ed that some action be taken. Upon
investigation it was found that the
difference in the hmount of r. aB the ward number. This will en
Hinsdale's'bid occurred in the far-tj abje the truck driver to know the
that the plans and specifications exaPt location of the fire and per
were changed in regard to the plank-( h!lpg De on n)a way H.f0rc the fire
Ing to he used and that this increas-i t histle is blown. If you don't know
ed the cost of construction. the street number please give the
After this was shown the couit! block number, if possible. Tor In
took the amount of lumber which' stance, 100 block, 200 block, 300
would oe necessary to complete Ihc block, etc. For example in giving
Toad according to the change and nn alarm for a fire at 230 North
agteed to add the cost of this to the) Main street you would say into the
amount which they would approprt-j telephone: "Fire. 230 North Main
ate, bringing the total to $ lii.oUO. 1 street, ward one two three" (123);
Jklr. Hinsdale did not feel that ho
u.ild be able to take the contract
at this amount, but as the court
remained firm they took .the noon
hour to discuss the matter. After
a careful consideration it was prac
tically decided that they would re
turn to Gardiner and attempt to
raise the needed $1100 by popular
fcubscription. This proved agree
able with the court and it was prom
ised that as soon as the amount
was placed in the hands or the
county it would enter into a con
tract for the completion of the
road.
Tne highway in question is a short
strip a nine aim tin tu mmuna ,
length which will provide a ,J" ; appreciate the ' co-operation of the
MhU-h the people of Gardiner uiayi public.
reach the railroad and those going' Automobile and vehicle drivers
to that place will not be forced to j should use caution when they see
take a boat to reach tliir destina- or hear the fire truck on the streets
tion. On account of the condition as It may be enroute to a fire before
of the land over which the road' the fire whistle is blown. The de
must be built it will be necexsuo partment will handle the truck with
to plank it for the entire distance, j due care toward the safety of the
making the cost of construction public and will endeavor t0 reach a
very high. The people of Gardin- fire a quickly as possible and ftill
er have been very anxious to have pursue a "safety first" policy. The
the road built and It Is not thought co-operation of the public in this ai
that it will be difficult for the fio will be greatly appreciated by
amount to be raised. It is believed the department. People who use the
that the district will vote a special street can greatly aid us In this pol
tax at the next election to take care ! by coming to a tp on th
r; t n-thcr construction which is dc- right side of the Btreet. not near an
wired withfn the boundaries.
SWJNHLKIW KIM KASV MARK.
SALEM, Aug. 2. Swindlers ptoln
$&50 from Gua Demas, a barber, and
his life-time savinzs. with the old
liu box trick. The)' maue Ueniab
surrender money as "a feuarantee
of good faith," and then handed hi in
u box supposedly -containing $12, I
inheritance. When it was opened,.'
It was found to contain only a couwc
supplement from a Portland paper.
im u.vs to sax eraxcisco.
Miss Miriam Caro, daughter of Si
mon Caro, left the first of the week
for San Francisco where she is
teaching school. She has been spend
ing her vacation with her parents
and is now returning to Frisco where
she will again take up her duties.
Miss Caro graduated from the local
hi, school and after attending col-;
ope in laniorma ior a snort time,
began teaching in the public schools
nf San Francisco and has raised rap
idly in her profession until now she
le considered one of the most eTfi
cient and popular a in on g the teachers
of that large city.
lllfi FIltK l. tt IXNITKt;.
WIMNMPKG, A up.
fire
spreading from the I'ort Rouge far-; nr0s. vs. Douglas county was sus
tory district, destroyed the Wlnni- j talned in a decision of the supreme
peg Paint & Glass Company's six-; r0iirt yesterday. The action was
story hulldlng. The lo?s will amount brought by the. Mackensle Uros. to
to over ?300, 000.
FIRE CHIEF ASKS
FOR CO-OPERATION
Telephones Connected With
Whistle at Round House.
SAFETY FIRST POLICY WILL BE FOLLO.lED
In Tiimhiji in Eire Alarm (iive Sliwt
Address as Well as Ward Number
If Possible, us it Will
Save Confusion.
, The local fire department now has
telephones installed in the fire hall
connected o'l the same circuit as the
fire whistle at the roundhouse. When
a fire alarm is sent In please give
the street address If possible iir well
or, if you do not know the exact
street number, "Fire, 200 block.
North Main street, ward one two
three." "Even the name of the street
will help providing the house num
ber or block Is .not known.
After giving the alarm please re
peat It. Perhaps the roundhouse
engineer may not he able to answer
the call as promptly as the truck
driver, and In ease It Is not repeated
ho will not be able to learn the
ward anI therefore will not he able
to sound it on the whistle.
Onr alarm system Is rather com
plicated hut we are endeavoring to
do the best that can be done with
what we have in this line and will
intersection, and by all means pnt
turnin gcorners until after the truck
h;i passed. Thi will promote the
safety of both th firemen and the
public.
JAMES FLETCHER, Jr.,
Chief, lioseburg F. O.
DECISION IS
FAVORABLE TO
THE COUNTY
Wins In Suit Brought
Mackenzie Brothers.
By
COMMISSIONER MUST HAVE AUTHORITY
Cannot Kntor Into Contract With
K.H.Mt Accountants Without As
surance from County That
the Claim Will lie Paid.
The decision of Judge Hamilton
in sustaining the demurrer to the
complaint in the case of Mackensle
recover $.WS.50 which they claimed
was duo them for an audit of the
county books. They alleged that i
contract wag entered Into hy them
with the state Insurance commission
er on behalf of Pnuclas county and
that after the audit was completed
. payment was not made by the county.
( I'nder an act of the legislature the
I insurance commissioner is vested
' with power to make an audit of
county books upon the assurance of
i the county officials that the ex-
penses of the audit will he met by
the county.
It was claimed hy the county that
j there had been no assurance or
j agreement with the state insurance
! commissioner and that the county
was not liable for the amount of
the audit wliich was unsatisfactory.
This contention was sustained In the
derisions and it was held that Cue
commissioner must first make au
agreement with the county authori
ties before be could enter into a
contract with experts for the audit
ing of the books.
The claims of the county as set
forth were that "without the consent
of the county the state insurance
commissioner was not authnti'ed by
the act to make a contract for and
incur liability on behalf of the coun
ty for the audit of it hooks; tha'-
tho plaintiff's remedy. If any, is "by I
- a writ of review to re-examine the
decision of the county court In re-
fusion to pay the claim. The first j
n nest ion involves a construction of .
the act of the 1913 session of thei
! legislature. The supreme court dis-'
cusses the law at some length In its
decision, explaining the many pass
ages and provisions with their rela
tion to the case and find that It is
plain that the sections do not re
late to the employment of experts to
SERIOUS DISTURBANCES MARK C AR STRIKES
' ' 'fu y If 'iVP xsjli
Cronu ul strikers, ympa(hiier and working firanlr italln-rwl around a Ne York trollry bing operated by 1
"grftn" motorinarv
A hiiRe street car strike Is surp.ulinK In f; renter New Voik ami threatens to tic tip trur.fsportatlon futili
ties In that city. Vorklwt people w i" :.re compelled n w.ilk miles to Hi r phwes of liUHlneni, are sufreiini;
t lie greatest Ineonvenience. itiotin-; h;.H :i!realy orrurred at jiome of the car barns and Junctions and one
death Is directly dun to a walk out in" motorman having run hl.i car off a curve and Into an elevated
pillar, killing himself and seriously injuring two pollcemeiit and som e of the jiaenfcers.
be compensated by a county and
that nowhere in the law is there
round authority for the commissioner
to make a contract with expert ac
countants for a county, independent
of Its authorities, nor to so render
the county liable for the cost of mak
ing such an audit,
During the hearing of the case a
question arose over the construction
of the phrase "County school dis-,
trict". The plaintiffs alleged thnt.
as there was no comma after the j
word county that it referred to a!
district of the county, however the!
remainder of the section was held to'
nrove that, such a meaning was not I
'r.dioMed. and according to the de-j
vision had no hearing on the case as
:t wa3 held that according to the
well known rules of statutory con
struction that although punctuation
may be resorted to ns an aid in con
duction when It tends .to throw
light on the meaning, yet it may be
disregarded when It would tend to
convey a meaning to a section not
in consonance with the other parts
of th.e act.
According to the court the claim
asserted in the complaint does not
show that the audit of the county
books and accounts was made by the
state .Insurance commissioner, nor
that the officials of the county
made assurance or agreed that the
expense would be paid u the com
missioner. The contract alleged in
the complaint was not authorized by
the statute and that this conclusion
renders unnecessary a discussion of
the other questions rnTed. The de-
' murrer to t.e complaint was there
I fore sustained and the judgment of
the. lower court affirmed.
The decision was written by Jus
tice tlean and concurred to hy Jus
tices Moore, liu mot t and Harris.
Justice Fakln was absent.
EFFORT MADE TO
SAVE TREES
Some time ago the women's clubs
of the city united in an effort to
prevent a further destruction of the
;rces along the streets of Roseburg.
t the time that the plans for the
Scleral building were made the lots
n which the building Is to be slt
laled contained a number of treea,
tnd the ladies asked that as many
if them as possible be saved. The
dans, however required that all ex-
cept one be removed in order to give
room for the excavation, but one
still remains and the ladles are now
preparing a petition which will be
sent to the head architect asking
that it he left.
It was learned that the contrae-
tor was planning to remove It and
acting as representative of the clubs.
fl. R. Josophson this morning wentjono the main atreet. It wok plant
to Contractor Stehblnger and asked! od In front of the old Stanton prop
If some arrangements could not ho j erty and has been a land mark for
made whereby the tree could be left many years.
ALLIES GAIN BY
CONCERTED
MOVEMENTS
Franco-English' Forces Take
Strong Positions.
RUSSIANS G0HT1NUESUCCESSES IN EAST
IVace Terms Hinted At Hy Kngland
Keqiiire the Restoration
of licJgtuin and
. Servia.
PARIS, Aug. 2. It Is announced
that the French have advanced on
both sides of the Somnie and that
the Germans gained the Vaux Chap
ter woods. The communique said:
"North of the Somnie we captured
a strongly fortified work, and
south of the Somme occupied a Ger
man trench. In Champagne, west
of Aubrivos, Russian reconnolter
forces dispersed the Germans with
bayonet charges, and captured one
hundred iprlsonera. Thirty three
aeroplane duyla were fought over
the trenches."
lUisVian Wedge Pushes Oji.
PKTROGRAP, Aug. 2. The Rus
sian wedge separating the Austrian
and German armies, has advanced
speedily. I'nnfflclal dispatches said
the Russians have captured the Sto-
Janof terminus of the Lemberg rati
way, and the Russians now control
.ill the four railway routes to IjOuv
borg.
H;nid to Hiuid Fighting:.
LONDON, Aug. 2. Genoral Halg
reported this morning that the Brit
ish were slowly gaining around Po
zleres, and tint the hand to hand
fighting still continues, llaig said
the fighting was "at closo n'i:i'fers
bel wenn small detachments."
Pritoo 'omli(lonx of Knghmd.
LONDON, Aug. 2. Asquith an
nounced In the house of conimans
that Britain regards the restoration
of Belgium and Serbia, and the re
pairing of the devastated portions
of Frame and Russia, as essential
penre. conditions.
All At larks I topii-lsed. Says Her) I n.
IlKRLIN. Aug. 2. It Is announc-
peudlng the decision from Washing
ton, I). C. Mr. Stebblngr kindly
agreed to leave the tree until such
time as the petition could be receiv
ed and answered.
The tree Is a maple planted many
years ago and Is now the only one
IN NEW YORK CITY
DKlTSt'luaXI) KIXDK8
,
AMIKS' WAR, SHIPS.
NORFOLK, Aug. 2. The
Deutschland passed Tangier
Island, 50 miles above Capo
Charles, at six a. m.
The submarine Is reported
reported hs Jielng fifteen
miles below Tangier, and
Hearing Cane Charles t
noon. Crowds are lining the
waterfront, wating for a
glimpse of the noted vessel.
ed that the Germans have repulsed
all of the allied attacks In Flanders,
except the highway between Marl
court nn,i Clery, there the allies oc
cupied the comi'teiv demolished
licrman trenches.
(iKMCUAL KLUtTltlt- pays
IC.MI'LOYKS $.-1,000,000 IIOMIS
NRW YORK, August 1. The first
half of $5,000,000 in bouusos was
paid by the General Electric Com
pany to Its employes todny. Every
employe who ha8 been with the com
pany five ears gets a bonus enual
to rive per cent of his or her annual
salary. This amounts to 300,000
at the Schenectady plant alone. Tne
compnny has branches In every city
of bIzo In the country.
K. OF P. DELEGATES
GO JOY RIDING
All Portland Joins In Showing
Visitors Good Time.
COLUMBIA RIVER HIGHWAY IS INSPECTED
KlllKlllS of IvIkiI'ilsniiii to (ilvo
I'ai-ade 'IViniK;!! 1'-juiiouh
"Kolikle" lmnillct Will
Sim I at .Midnight.
PORTLAND, Aug. 2. Urlef ses
sions of the supreme aud grand
lodges, Knights of Jythlas, and the
supremo lodge, Pythian Sistors, to
day moHt of the delegates went on
a trip up the Columbia river by
boat and automobile.
The stoamer Dally dntzort loft
with a capacity load at 8:30 a. m.
Half an hour later n long stream of
automobiles moved away from the
MaHonlc temple and speeded along
the famous Columbia river hlghwny.
The end of the outward trip Is
Bonneville, where a salmon dinner
Is served.
Tonight the Dramatic Ordnr
Knights of Khornssan parade Is the
principal feature of (ho nntlon-wldo
gathering. Under a blnxo of electrlo
Illuminations, the "Holckles" their
glittering, orlentlal cunt union and
many In military regnlla march
ed niul counter marched through tho
principal streets.
The ceremony of Abo-'Thl-Atof
temple No. 117 was scheduled for tho
armory nt ft: 30 p. m. At midnight
the great "Dokkle" banquet started.
ASKS CLEMENCY
T
WASHINGTON, Aug. 2. --President
Wilson directed the Btuto de
partment to ..forward Immediately
tho congressional resolution asking
the British government for clemency
for the Irish political prisoners. This
means that Ihc government formally
asks Great iTritaiti to sparo tho life
of Sir itoger Casement.
I'OltMl LATI-; NI-'W I'M.N-H
TO (AITI RK VILLA
MEXICO CITY, Auir. 2. General
Malcotte arrived this morning io
confer with Gonernl Oliregon, and to
lay plans to capture Villa. Malcotte
announced it was ills Intention to
capture Villa "at all costs". He
it'clred that the state of Datango
was completely pacified.