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TOLUME 1
LA GRANDE, UNION COUNTY, OREGON, THURSDAY, OCTOBER 19, 1911.
NUMBER 308
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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. .
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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 ' "
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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.
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