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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Oct. 19, 1911)
1, 1 TOLUME 1 LA GRANDE, UNION COUNTY, OREGON, THURSDAY, OCTOBER 19, 1911. NUMBER 308 r1 .n ON EVE OF PUBLICATION OF EE-ASSESSMENT ORDINANCE COURT HALTS PROCEED- INGS TO GO OVER STEPS TAKEN. BECORDER MUST REPORT ALL DuZ6H or Iiloio Fiamlma x-iay fur Temporary restrain ing Order and Prayers Are Granted by Circuit J udge Knowles Council Has Gone Over and Attempted to Rectify Mistakes. Sixth street assessments are in status quo once more. At noon today Circuit Judge J. W. Knowles issued a tem porary restraining order at the instigation of a dozen o more property owners on Sixth street and a few hours before the assessment ordinance was to have been pub lished, put a ten-day stay of proceedings on the whole proposition. The Sixth street paving question has just emerged from litigation in which the court held the pro ceedings to have been at fault. At the culmination of that initial proceeding, the council wrent over the details again just as though no paving had been done and had reached that point in their re-assessment where the as sessment ordinance was to be given publication when the court ordered the proceedings halted. "Within ten days City Recorder Humphreys must turn over to the court all data covering what proceedings have been carried out by the council in its second time over the details, and the court will, after due cbncideration, decree whether or not justice has been done, . V The proceedings cannot be termed a restraining order In the commonly ac cepted meaning; of the term.' It Is a writ of review In which the petition-; ers ask the court to go over the mat ter and give an opinion as to the law. The petitioners for the review are: F. D. Haisten, E. Violet Rosenbaum, Kate Floyd, Bertha Berger, Oscar Berber, SCORNS TAFT Butte, Mont., Oct. . 19. Fresh from: the sweltering heat of Los Angeles, President Taf t was greeted by the snow and freezing temperature here today. He seems to be pleased by the change but there was no official re ception. . He breakfasted at, the Silver Bow liotel and delivered an address at the T MAYOR it HOME GUTTED ID ITS CONTENTS RUINED BY A FIRE DF- AN Fire of an origin that can be ex- plained in no other way than coming from defective wiring In the kitchen -of the one of the city's most elegant homes last night did damage to an . extent of between $7,000 and $7,500 . when the Dr. F. E. Moore residence now owned by Henry T. Hill, the real . estate dealer, was completely gutted and everything In It destroyed. The property Is protected by $5,500 Insur- STEPS TAKEN BY Hattle R McDonald, M. Anthony, D. Fitzgerald, George Ball, Para Thorn ton, Mamie T. Lewis, Laura L. Stults, H. Black, L. W. Damon, F. L. Wash burn, Mrs. M A Harris, Eliza Cole mau, Wesley Harrison, C P. Ferrin and J. E. Stephenson, W. A. Ludiker and T. 'T. Nicholson, trustees for the Baptist church OF BUTTE AND HIS PARTY Broadway theatre and then left for Bozeman, Livingston and Billings, which completes the day's program. Mayor Duncan, a socialist, flatly re fused to meet the president "and left town" pn a lecture tour. This threw Inings in a turmoil and the newspaper men came to the rescue by getting Governor Norrls to come and officiate. ance. The charred hulk stands today In a weakened condition ready to fall at the first heavy windstorm and with in the walls, furniture, rags, clothing pictures, glass and chlnaware and nu merous other articles are blackened masses. All the clothing saved was that which Mr. and Mrs. Hill had on when the fire broke out. One suit case and some underwear Is all that was not destroyed. Drawers con UNKNOWN REBEL DEFEAT 101 DECISIVE SUDDEN SEVERANCE OF COMMUNICATION DEEMED POTENT. REBELS OUT OF AMMUMTIOX , YESTERDAY; NOT DEFEATED Return of Equipment Today Spells Recommencement of Firing at Han kow Three Hundred Ilare Fallen in Rattle Thug Far Other Towers on the Alert for Further Develop mentg. . Pekin, Oct. 19. Communication with Hankow, the scene of the big battle yesterday was suddenly severed this afternoon and it is feared the reb els have defeated the imperialists. It Is possible that the dissatisfied troops have Joined the rebels. Defeat Not Decish6. Desultory firing continued this morning between the rebels and im- Derlallsts at Wu Chang. The rebel army is expected to attack momentar iiy. . . . - The rhel setback yesterday was not as bad as reported but they ran out of ammunition or otherwise would have won. Three hundred fell and both suffered equally. IRebels have more ammunition enroute to them, Japanese on the Alert. Toklo, Oct 19. Plans are complet ed bv the war office here today for the sending of 70,000 troops to China whenever it la desired by the powers. It Is thought the present land forces In China are Insufficient. Supply boats with provisions were sent today to the Japanese land force at Hankow Other Powers Interested. Los AnKeles. Oct. 19. Predicting that the Chinese revolution will fail on account of lack of money, Imper fect organization and absence of na tional spirtl, Rear Admiral Evans, re tired, today declared that the revolu tion, whether successful or not, may Involve the world powers In a bloody conflict. He believed It is only a f a aI Tnn1niJ will Aaan tion of time when England will resent Interference with her trade In China which is being materially affected by the revolt and that Japan may be Interested. taining clothing were heated so fierce ly that the clothing within fell to pieces when touched this morning. Water. ruined much, too. Mr. and Mrs. Hill had .gone down town to a local theatre and it was while they were away that the flames were discovered by passersby. Neigh bors turned In an alarm and tried to extinguish the flames which at that time had worked themselves into the basement, though manifestly having originated in the walls near the kitch en. Tnough the blaze never broke out, the walls were like tinder and the four sides are charred and weak ened. Tbe house is all but a total loss. It was thought the tflre started in the basement but this ! discredited after a careful Investigation of the premises today. It is thought crossed wires had started a smouldering fire that worked between the walls . and then spread out The department was handicapped In climbing the hill with the equipment and even after arriving on tbe scene was deterred from effective work by tbe fact that all four walls were afire within in such. a way that It was im possible to get at the flames. The residence was built about six years ago by Dr. and Mrs. F. E. Moore and was built and patterned after southern architecture, and was one of the city's most elegantly furn ished residences within. The piano was removed hut It is ruined. Noth ing else was saved. . rnnn RY CHARGES PLACED IWITAL points runu AGAINST COUNCIL COUNCILMAN FLEMING FLATLY DENIES HAV ING SIGNED REPORT OF ACCEPTANCE AND !; DENIES THAT COUNCIL ACTED ON IT. ALL BUT ONE DF OLD COUNCIL TAKE OATH ON ISSUE situation Over Acceptance of inrown into Muddle by Affidavits Made Public Last NightClaim Forgeries Were Committed in Record ing Minutes. Charges of forgeries In connection with the keeping of minutes of the city council sometime subsequent to Aug. 17 and 24, 1910. and of fraudulent ly prepare reports of a certain com mittee of the council relative to the acceptance or rejection of the Second street water main which had to he rebuilt by the present council, are contained In a resolution Introduced Dy councilman G. T. Fleming- laBt night; Mr. Fleming's nam, along with that of J. K. Sheak, Is charged in the resolution and in affidavits attached, to have been forged to the report ac cepting the project which later proved to be faulty and the resolution asks for the appointment of a committee of three to investigate the proposition. No specific person la accused of the alleged wrongdoing, the charges merely saying forgery has been done. The Fleming resolution follows; Whereas, in the- minutes of the proceedings of the council of August 17, 1910, there appears the following: "The water committee made the fol lowing report in writing which, on motion, duly seconded, carried and was adopted: 'The Newport. Engineer ing company, having completed their contract to the satisfaction of the committee, recommend that the work be accepted. TJiIs report was signed by the committee by Councllmen ques-isheak and PIemlng th majorlt of I the committee, being absent." Councilman "Church And, whereas, this statement hav ing been recently called to the atten tion of J. E. Orvis, J. K. Sheak. Bern ard Logsdon, G. T. Fleming and W. N. Monroe, members of the council and H C Gllman, water superintendent of that date, and they and each of them disaffirming such proceedings and having submitted herewith their sworn affidavits that such proceeding was never had, that such record was never made to their knowledge, nor read in the minutes of the following council session, viz., August 24, 1910, and the fact further appearing that there never has. been any settlement with said Newport Engineering com pany upon the contract between the said company and the city; And, wheVeas, such record Is untrue, the alleged report of the water committee-pronounced by said committee as a forgery Is an injury to the said committee and the councilmen, and should not exist as a matter of record in the proceedings, of this council; therefore, Be It resolved, that all of said rec ord of this council of date August 17, 1910, containing the words: "The water committee made the fol lowing report In writing which on motion, duly seconded, carried and was adopted: 'The Newport Engineer ing company having completed their contract to the satisfaction of the committee, recommend that the work be accepted. This report was signed by the committee by Councllmen Sheak and Fleming, tbe maorlty of the committee, Councilman Church being absent,'" be expounged as erroneous ly entered therein and not a true rec ord and what purports to be a report of the water committee as set out in I MTR IDE IIN ISSUE mil v i uv i Second Street Pipe Line Is sald minutes be stricken from th flies; He It further resolved, that the mayor appoint a special committee of thls council to investigate all the I facts and charges herein set forth and report their findings to this council. .... I In compliance with the request of the above resolution which was pas- sea without discussion, Mayor "Rich- ardson named a committee consisting u. a. uupn, vi, uavig ana Ber- nard Logsdon. These three men will lepon at a neamy aate. : What Charms Involve. . , w ' " r..i 1 ' . . 1 uuiayuiien cuarges or rorgeries ctiul mean but one thing, that tha"m!nit3a( were tampered with and the sena rate reports forged. If the men are oor- rect iu their attitude that the cluuse was acted upon." then It follows that the pages of the minute book, con- Fisting of typewritten pages lnnumer - able, have been removed and soma portlon left out to make room to In- Bert the clause referred to above. The minute book doesn't show , any eras ures and the clause In question appar ently has not been erased or changed. Consequently It would be necessary, it is blleved to have the entire leaf removed and a new one Inserted, a delicate and dangerous procedure. Yet this Is only a portion of what the committee appointed last night muBt determine. ' How Such Actions Are Taken. All matters of this kind are done through committee reports. The pipe line project, like all other projects Is supposed to be Inspected and ac cepted or rejected by the committee having charge of the affair. The may or and council as a whole, seldom, If ever, takes Inspection of such pro jects. The committee, having taken some action on this kind of an under taking, such as street Improvements, and tbe like, report back to the coun i ell of their findings. The council then rejects or accepts the committee re port. It Is here that Mr. Fleming along with the others of the council at that time, claims that the "film flamming" took place. lU-port a Forgery Charge, Too. Fleming positively asserts that he did not sign the final acceptance re port which Is now on file bearing the signatures of J. K, Sheak and G. T. Fleming. Herein is another charge of forgery consequently, for the two gentlemen's names are both attached to the report, now a part of the rec ords but which all deny having heard read. Summed up, the charges prefer red, insinuate that the minute book was tampered with In two instances, on the 17th and 24th of August, 1910, to Include a report which the council cannot remember of having passed, or heard read, and that the separate re ports now on file were forged, the names of Mr. Sheak and Mr. Fleming having been criminally attached by some skilled penman. ' Others Hake Affldavlt Attached to the Fleming resolution are affidavits from all members of the (Continued on Pnge Eight) PROGRESS OF TESTING VENIREMEN SLOW . : IN THE EXTREME DEFENSE PASSES TWO YE-. NIREMEX DURING FORENOOT Can a Juror Who Relieves Times Wat Dynamited but Willing to Concede as a Juror I This is me question Pending a Settlement by the Court Now. Hall of Records, Lob Angeles, Oct 19. Pending a decision of Judge Bord- well, whether a Juror who believes the Times was dynamited but still Is wll- ',ns to assume that McNamara isJn- "went of murder, is eligible aft Juror, the defense today continued it -ffnPtil tn Hiam.ailfv m. for the luir. ... .... sion was aevotea to qualifying is. u. Robinson and F. D. Green, who were both passed by the defense. Attor neye tried hard to disqualify Robin- Un hao h admitted nreJudloe agAm8t the use of strikes by union w w tMtA. rvi leased buick-? i v. imnnrti.iiiv . gJ SUV " v iwyp v . - . TUnl fnattn ni I... hiimv"" - - When the noon recess was ordered Attorney Davis was questioning E. J. Showers. When this was completed the. court had to take up for decision the1 "dynamite : question as there ' are two men ,n the D0X" Jen8en Bua Mc" Kee, who have been challenged be- cause they claim the Times was ayna- mited but are willing to believe that McNamara Is Innocent. PHILLIES DISGUSTED AT GIAJiTS' FAVORS. . Itulii Cases but Game Is Called Off en Account of Bad Fields. Philadelphia, Oct. 17. Light rains fell early today but later the weather clear slightly. The game was called off by the national commission, how ever, because the diamond was not In. RAIN BOTHERS A SECOND Til the best of shape. Fair weather to- r morrow Is predicted. "r. Philadelphia fans are disgusted, say ing each day's rest Increases the Glants' chances for victory aa their pitchers get a much needed rest. TIDAL WAVE ON MEXICO COAST ANOTHER. CATASTROPE HAS HIT' THAT SECTIOX. Number of Dead! Unknown bat De clared to Be Large. Mexico City, Oct. 19. Another tidal wave is reported today to have de stroyed the towns of San Bias and Sihuatanejo in the state of Teplc. The populations are 2,000 and 3,000. Com munication with Teplc is severed but 'many are reported dead. r . i ... I 7 ... f