Roseburg review., December 05, 1916, Image 3

EVESma ROSEBCBQ REVIEW, TUESDAY, DECEMBER 3, 1910.
PJ6E TBREB
RECENT ELEGTIO
IS HELD REGULAR
ATTOKXEY GENERAL BROWS'
COINCIDES WITH THE PREVI
OUS RVLIXU OF DISTRICT AT
TORNEY XEI.NER AND COI X
TY CLERK LENOX.
OPINION WAS RECEIVED HERE
Election of Three Commissioners of
the Port of Umpqua at the Last
Election Was Held Regular
By Attorney (ieneral.
District Attorney George Neuner
last evening received a copy of the
recent opinion rendered by Attorney
General George M. Brown, in which
he held that the election of three
commissioners of the Port of Ump
qua at the last election was regular,
and in accordance with the laws gov
erning the selection of these officials.
The opinion of the attorney general
is in direct accord with the previous
ruling of District Attorney George
Neuner and County Clerk K, H.
Lenox, of this city. At the time of
the last general election here there
were some people who contended
that only two commissioners Bhouid
be elected, and for that reason the
matter was referred to the attorney
general for a legal opinion.
The opinion of the attorney gen
eral follows:
Salem, Dec. 1, 1916.
Mr. George Neuner, Jr., District At
torney, Iloscburg, Oregon,
Dear Sir:
Your favor of the 14th ultimo, re
questing my opinion with respect to
the number of commissioners of the
Port of Umpqua which should have
been elected at the recent election.
has my attention after a necessary
absence from my office on official
business.
It appears from your letter and
that of Mr. Cassius H. Peek, the at
torney for said Port of Umpqua, that
said port. was organized In 1913, and
tnat live commissioners were ap
pointed to exercise its powers as pro
vided by Section 6122, Lord's Ore
gon Laws; that one of the three
commissioners whose terms by allot
ment, as provided In said section,
were to expire on the first of Jan
uary after the second succeeding
general election held throughout the
state, resigned prior to the general
election held In 1014, and that In
pursuance of the provisions of Sec
tion 6124, L. O. L., the vacancy
thereby caused was filled by the re
maining members of such board of
commissioners by the appointment of
Mr. Christie, who held office under
such appointment until the first of
January following the general elec
tion of 1914, and at said election he
was elected to succeed himself: that
at the election held November 7,
1916, the names of three candidates
for commissioners for said port ap
peared on the ballot and were voted
for by the electors of said port.
The question thus arising Is
whether all three of Bald candidates
should receive certificates of election
from the county clerk or only the
two receiving the greatest number of
voles, depending upon whether two
or three commissioners should have
been elected under the circumstances
above stated.
This will depend upon the provi
sions of the statute providing the
terms of office of such commission
ers. Referring to Section 6122, L,
O. L It is therein provided, after
providing- for the appointment of
sucn commissioners, as follows:
"The term of office of comniis-
.
FOR
COUGHS
and COLDS
Dennis Eucalyptus Ointment
AT AU. DRUd STORES
Tubes zse Jahs boc jmgmjj
stosor shall be determined by lot at'
th first meeting of the board. Two
of said commissioners sball hold
office until the first day of January
next following the succeeding gen
eral election held In said statu of
Oregon and the remaining three of
saiit commissioners shall hold office
until the first day of January follow
ing the second next general election
in said state. At Buch first general
election two commissioners sball be
elected, each to hold office for the
term of four years from the first day
of January following such election,
and at the second general election
three commissioners shall be elected,
each to hold office for a term of four
years from the first day of January
following such annual general elec
tion. At each succeeding general
election held in the State of Oregon
thereafter, commissioners shall be
elected for a term of four years each,
t to take the piace or those whose
terms of office expire on the first
day of January following such elec-
tlon,"
I A careful analysts of this language
1 shows that there are two classes of
1 terms of office provided for therein.
. The first class includes the terms of
the commissioners first appointed,
two of whom hold office until and
their terms expire on the first day of
January succeeding the next general
election after their appointment. The
i remaining three hold office until and
I their terms expire on the first day
( of January succeeding the second
general election following their ap
pointment and after these respective
; terms expire commissioners are
I elected for a full term of four years
: each at succeeding elections. It will
be noticed, however, that the lan
guage found in the last sentence
above quoted from said section does
not apply until the expiration of the
terms of office of the commissioners
first appointed. This is apparent
from the language of said sentence
wherein it is stated that "At each
succeeding general election held in
the state of Oregon thereafter," It
is well established that in construing
the language of a statute every word
and phrase contained therein are to
be given their ordinary interpreta
tion, unless some special meaning is
evidently Intended by the lawmakers
and that each word and phrase are to
be assigned some meaning. It is im
portant, therefore ,to notice the two
words underscored in the last above
quotation and to inquire first what is
meant by the word "succeeding.' In
other words, succeeding what? As
examination of the words preceding
this shows that it Is succeeding the
first and second general elections oc
curring in the State of Oregon after
the organization of the pout and, in
the present case, that would be after
the elections held in 1914 and 1916.
Also It is important to Investigate
what is meant by the word "there
after," found in the same quotation.
In other words, after what? And
the same answer must be given to
this question; that Is, after the two
elections first occurring following
the organization of the port. It is
the commissioners elected thereafter,
that is to say, after these two elec
tions, who are to bo elected for the
term of four years, and the statute
also provides that of the two com
missioners whose terms first expire
their successors are to be elected at
the first election following their ap
pointment for the term of four years
and that the successors of the three
commissioners, whose terms expire
at the second electoin following their
appointment, are elected for four
years, but the terms of the commis
sioners first appointed are fixed by
statute, two to expire at the first of
January after the first succeeding
election and the other three to ex
pire at the first of January after the
second succeeding election.
Our Supreme Court has held in
the cases of State v. Johns, 3 Or
633, and State v. Ware, 13 Or., 380,
that where the term of office is fixed
by the law creating the office and
not limited to begin or end at any
definite time, the term attaches to
the person of the officer and begins
when he is elected and qualified for
such office, and, therefore, that'
comity judge elected to fill a vacan
cy when no term is specified separ
Continued on Page 4.)
CITY EXPENSES
TO BE EXAMINED
ACTIVITIES OF COUNCIL ARE
AWAKENED BY MOVE START
ED BY NEW MEMBERS TO RUN
CITY OX ECONOMIC BASIS IN
QUIRIES STARTED.
V
I AND
STREET DEPARTMENT CRITICIZED
KejMH't of Manager Shows Needless
Overtime Charge, Says Council
man Work by Superinten
dent IRlreU.
3m
"Get Your
Gun!"
Your Rod or
Your Camp Kit
YOU know how It tickles you
to hear that summons from
someone. Half the pleasure of a
holiday lien In anticipation.
RKPRE VTIOV the "TWn Th-rm"
Pporta-nann Martin, will kfp you In
that dHirbtfyj tickled stat of mlml.
Ei' ward Cavp, itt attr, h&a turned,
flh-l fimtictl from Nova Scm!a to
Britih CoiumhU. and from Main to
California. HE Vnowt how to dig up
at th ltvnt and mon useful Informa
tion for jrou he ha "frn thr."
UK knowi how te plrlt out the h-,t
tori, wfth !h moil fur mn6 "nmi
thinf quality In thm. wrlllm by the
pick of th- rountry'i tponmn, A
doin fatur ttorn-i and artlrtea and
or of depart m mm in rvrv nam
br, f'-Vf-r dpiim In full co1ra, aultabla
ffr framing.
IIKRK fS YOVIl 0!fOUTrN1TY
RECREATION 1 tmr and aar th-
mat falahl, h-t ii'uitratd and
mrt r-UaM Korfmnr, mtemlnp
ptibMahed, Z.SE l,RK on ' b-n
thr' xpr!nr- In a coup! at num.
bra arc alon worth th yearly iub-
p. -hi. mn prir or II SO. Toy will guv
1T...T'''11 of Trapper." br HH.I.V
POW, la the f)n-t atrial atory of th
kind you vr rad.
Tf prv ihrw iiimHi(i, we will
t'nd KECIIK TION 10 v.,ur a. Mr.,
for thro monihi, ta-tnnlr, If -iu
llk with th" OMnbtr. JH, ntimf,
fftntalntna: th firm chapter of Ulily
Snow ttorr of hie llf and Zan nm'i
tit- fittlt Ptroam fiahtnff axpr1-ftc
'another aory by Dr. Grty In th.
UiCfmbr number) for
OVLY TWKNTT-FIVK CUNTS
PnI quarter or twftty- rent
IB at amp with thl adr-rtUrmtt, If
Too don't rl tali .JIM llh jour trial
nbarriptlnn at the end of two month.
w will rrfifnd yon jtmr monrr.
fat am thii adcrrtlarmcftl oH ami
ft .J" artr, Smf it joq want
lha Orteh asm bo r.
Fnbllahra o? RECREATION,
f-l Wat ltd Pt Saw rk 4 If
ACIDS IN STOMACH
SOUR THE fOOD AND
CAUSE INDIGESTION
"PapoVs IiMK'sln" Flxea Sour, iiasny
Ktoiiiaclut in Ftvo
Minutes.
If what you Just ate Is souring on
your Htomach or lies like a lump of
lead, refusing to digest, or you belch
gas and eructate sour, undigested
food, or have a feeling of dizziness
heartburn, fullness, nausea, bad
taste in mouth and stomach head
ache, you can surely get relief In five
nit nu tea.
Auk your phamniaetgt to show you
the formula, plainly printed on these
fifty-rent cases of Pape's Diapepsin,
then you will understand why dys
peptic troubles of all kinds must go.
and why it relieves sour, out-of-order
stomachs or Indfeesnon In five min
utes. "Pape's iJiapepsIn" Is harm
less; tastes like candy, though eacli
dos will digest and prepare for as
similation into the blond all the food
you eat; besides. It makes you go to
the fable with a healthy appetite;
but what will please you most, Is
that you will feel that your stomach
and intestines are clean and fresh,
and you will not need to resort to
laxativen or liver pills for ttioiinpH
or constipation.
This city will have many "rapes
IHapepsin ' cranks, as some people
will rail them, but vou iil be en
thusiastic about the splendid stom-
a h preparation, too, If you ever
take it for Indigestion, gasses, heart
burn, nourness, dyspepsia, or any
stomach misery.
(Jet pome now, this minute, and
rid yourself of stomach misery and
indigestion in fivs mioutei. (Ad.)
INVESTIGATION 1yd C6'slaen
Believing that the administration
of the various city departments
should be as efficiently conducted as
if the business were of a private
nature, the city council will probably
soon begin the investigation of sev
eral large sources of expense with
the object of curtailing the heavier
drains upon, the treasury, if it is pos
sible to secure the present amount of
service at less cost.
Apparently with the advent of
Councilman D, S. Nichols as one of
the ordinance makers, the council
has become awakeued to the need of
a more careful examination into all
expenses, especially as set out in the
reports of some of the heads of the
departments. Monday night Mr
Nichols was roused to apprehension
by the reading of the report for the
past month of Supt. A. M. Oeiand for
the street cleaning department. His
objections were first directed at the
overtime charged for the working of
the regular employes after the usual
day s work, but it later developed
into a general criticism of the policy
of Mr. Oeland in not doing manual
work along with his employes.
Mr. Nichols stated that he had
made some investigations ana bad
concluded from his information that
much of the overtime charged
against the city might have been
eliminated if Mr, Oeland had done
some of the work himself. His criti
cism brought a gentle rebuke from
Mayor Hice, however, who cautioned
that if a thorough Investigation had
not meen made, Mr. Oeiand being
interviewed personally, the matter
should be dealt with less harshly.
Mayor Hice was of the opinion that
the city was getting good service
from the street cleaning department
and warranted consideration until H
should be definitely proved that the
management had been iax. Mr
Nichols stated that with four men
employed he could see no excuse for
overtime. Councilman Hamilton and
Mr. C reason also became interested,
with the result that the street com
mittee was finally instructed to in
vestigate the Btreet cleaning expense
at once and make a report at the
next meeting.
According to ihe city recorder the
expense of the department for the
last month was $.'160.80, with
overtime. One of the employes was
present and answered many ques
tions propounded by the councilmen
although nothing definite was
learned concerning the time spent by-
Mr. Oeland.
o
A Clogged System Must Be Cleared
You will find Dr. King's New Lite
PillB a gentle yet effective laxative for
removing Impurities from the sys
tem. Accumulated waste poisons the
bloom: dizziness, biliousness and
pimply, muddy complexion are the
distressing effects. A dsse or ur
King's New Life Pills tonight will as
sure you a free, full bowel movemen
In the morning. At roar Druggist, 25c
ItKCOYEltY OF MONEY.
B. F, Shields, proprietor of a local
Htney system, late Monday afternoon
filed a suit In tho justice court here
against W. A. Hogard, a real eatal"
agent, Mr. Shields asks to reenter
the sum of $53.35, which he claims
Is due on a promissory note, in nu
ditlon to the principal, Mr. Shields
asks for Interest, together with the
costs and disbursements Incurred in
prosecuting the action.
DIVOIU'K CASK FILKIK
Another chapter in the domestic
troubles of Mr. and Mrs. Joseph Kun
statsky came to light here Monday
when Mrs. Kunstatsky filed a suit for
divorce against her husband in the
Circuit Court. Mr. and Mrs. Kun
statsky were married In Roseburg on
August 10, 19H, according to the
complaint, and have since been rest
dents of this city. One child was born
to their union by a former marriage,
In addition to a decree of divorce.
Mrs. Kunstatsky asks for permanent
alimony in the sum of $30 a month,
together with the costs and disburse
ments incurred in prosecuting the ac
tion. Mr. Kunstatsky is a shoe cob
bler and was recently acquitted by a
jury in the Circuit Court on a charge
of non-support.
TILL THEY CO
ME!
A Wonder
For the Money
Jn!pnHJH nnalifv swPHfpr
i coats, cannot be duplicated
t under $2.50 are
t selling here at
98c
HATS
Regular $2.50 and $3.00
HATS, all colors, shapes,
including the new fall styles
your choice (j -j Q C
here for only tj) JL a
Extra heavy fleece lined
Union Suits, $1.50 C O r
i grade, selling here j
SUITS
$20.00 best Oregon Cassi
mere Suits, with extra pair
of trousers free
S13.75
With business booming
with us, .and many entirely
new items added to our al
ready very long list of Ex
tra Special attractions, we
are at work on an entirely
new and different event
from anything ever wit
nessed in Roseburg.
It's just a trifle too soon
to publish this news, you'll
have the full particulars by
Thursday. All we will hint
is to make no .engagements
for next Monday night. We
will require your attention
that evening. This includes
the ladies as well as the
gentlemen.
Keep your eye on
our Thursday even
ing's announcement
Boys'
AH lined Canvass Coats,
never before less than $2,
now on sale
here at only
98c
Boys'
Fleece lined Union Suits,
dandy quality
on sale at only O
Boy?
$1.75 grade Sweater Coats,
while we have QQ
them, at only 0C
Handkerchiefs
Last of the famous 10c
handkerchiefs,
6 for 25c
The Live-wire
Merchant
HARTH S
Actual Facts
Not Idle Promises
How to Prevent ( toiip,
In a child that Is Riihie t to attacks
of croup, the first indication of the
disease is hoarseness, tilve Cham
berlain's Cough Remedy as soon an
the child becomes hoarse and Ihe at
tack may be warded off and all dan
ger and anxiety avoided. c
C ASTORIA
For Infant "and CWIdieo
In Us For Over 30 Years
Always befcra
th
Sifnatur of
;ilmiM 3!f .liiiii'iifeSiiiililiiliilliP1
Let Me Choose My Own
Present This Year!
mm r
Tf STTE rnnlil select licr own ClinsLmna ' I I
ift she would undoubtedly choose "some- '''(iH?
thing electric." The beauty and li-to- MS
date usefulness of electric ware apijcals to
every woman.
The ratine of choice is Inrftc.. Our display
Ot electrical Kills contains just what you
tf
x,.. . iVrS'..,.,..i!.l,,l V
Also Headquarters for rC r r"! ii i
Universal Electric Jmmm&m
Jmvc teen looking for." Let us show ,f f.IfjjS
you n G-B Toaster, Flatiron, Grill, jMnifU iM ilil
I'crcoio tor or Urn-Set Cooking Outfit. M f t&trUM'-T
Remember This:
Many people are selecting llieir Christmas gifts liere
See our other ad for specials during "Kltctrical Week.
Have Everything Electrical its the best way.
Roseburg Electric Company
I i.i II l li'ilriinll).
Christmas Speedily En Route
"What will you give" the same old perplexing quesUan srima
jiKaln just as last year. We make a specialty of helping you to
h-rl tlii right Kift. I'ome In and we our selections made
I'm' Ihe maiTleil couple I'or Hi" yomiK man
I'or the haciielor l-'or the lintiy
For the young sir! For gratMlo and fr grandma
Vou ean find here a gift wlilrh sill be appreciated and aa cheap aa
?1.U0.
J. T. BRYAN
The Bunt) Watchmaker Jackson St., Roseburg
DRY WOOD
OAK and FIR, SPLIT and BLOCK
Delivered by tier or in Quantity
STAGGS & SON
North Roseburg Phone 56
An
Advertisement
Should Tell:
Who you are, where you are and wliat you liave
to offer in the way of skill, talent or commodity.
A newspaper advertisement is an investment,
you buy so much space in which you tell the
people in plain words what yon have to sell.
An nd thai tells ihe public in plain vmtlcrstan
dible language, what you have to sell, will bring
results.
An Ad In The
Paper that is read by the most people will do the
most good buying advertising .pace is lile
buying sugar, you waut all you can get for your
money This paper can and does give the best
service iu Douglas County We will write your
ad for you, if you like, or help you write it.
Read this over again and Remember the way to
get results is by running a plain, easy read ad in
The
Roseburg Review
0
a