We have a large amount of
Money to Loan
i. . ..'.." ' . 1 V . ' ' . . . ...
On improyed ' farm lands in Union,
Baker and Wallowa Counties
HILL & HIBBERD
La Grande National Bank Building
Complete Equipment tor Resetting ann Repairing
. . - - Rubber Buggy Tires
LA GRANDE IRON WORKS
D. FITZGERALD, Proprietor
COMPLETE MACHINE SHOPS AND FOUNDRY
tarn
SIXTH STfiEET
DEGREE fN FULL
DOCUMENT DISMISSING WBIT OP
fiEVIEW QUOTED.
Various Points at Iksuo Discussed by
Presiding Judge.
PILES CURED AT HOME BY
NEW ABSORPTION METHOD.
If ynii suffer from bleodlnjf, Itching, blind
or pruimdiiiff. Piles, Bt'iiU mc your. uddrexti,
mill 1 will tell you how to cure you rue If t
homo by tho uew absorption' trenlmcnt and
will nUo wiul noiiic of this homo treatment
free for trlul, with references from your
own locality If requeHted. linmeillnlo ro
ller and permanent euro aHKiirod. Send no
money, but tell otber of this offer. Wrlto
today to Mrs. M. bummers, Box l Nutru
Diwue, Iml. v
; BACKACHE ALMOST UNBEARABLE
Is an almost certain result of kidney
trouble. D, Toouioy, 803 E. Olive St.;
Bloomtngton, 111., Bays: "I suffered
with backache and pains in my U-
j neys which were almost unbearable.
1 1 gave Foley Kidney Pills a good trial
i and they done wonders for me. To-
day I can do a hard day's "work and
not feel the effects. ". For ale by A.
! T. JIU1.
Details of the Sixth street paving
decision handed down last Saturday
by Circuit Judge J. W. Knowles. pre'
siding at tho hearing', Is published
herewith in full; ...
This Is a proceeding to review the
action of the city council of La
Urancle in attempting to Irourove Sixth,
Rtreet, between the siur.h. .'lino of
Washington avunuc totue north line
of K sUoi!f. in ea'd ell ', tf I. so ex
pense of the abunv.u a. J. . p.ljnct'nt
property--owiii'is -Tills la the eocnnd
t.me that this imptnvonunt bus neen
before this court i:pmr review pro
ceedings. The livsi wrli i
ed and, according to the record cr
tilled to this court In the present-pro
ceedings; the city proceedol to t&
assess the property' benefited 'jy the
improvement.
- .Defects May Be Cured .'
. Counsel for the plaintiffs, in sup-
Dort of the present writ, contends that
the city had .no right to go back 'to
tne inception, or tne original orocoect
'nss In the re-assessment , procsed-
Ings. It is well settled, In reassess
ment proceedings, -that the council
has a right to go back and cure all
defective and Irregular proceedings In
the original assessment: and may ul
so cure all Jurisdictional defects. Pag"
and Jones on Taxation and Assess
ment, Vol. 2, Sec. 962: Dunlway vi
Portland, 47 Ore. 103. Even tf the
olty in the re-assessment proceeding
has gone bnck further than there was
any necessity In going, the '.plaintiffs
were not. prejudiced In any of 'heir
rights. The charter of La Grande li
is peculiar In its wording for among
REAL ESTATE WANTED
Do you want to sell your f?rm land?
Do you, want to sell your fruit ranch?
Do you wani to sell your city property?
LIST IT WITH US-WE WILL GET YOU RESULTS
PUT A FAIR FRICE ON IT AND LET US SELL IT FOR YOU
Call us up ard our representative will call on you, or come
in to see us.
E. S. Givens Investment Co. La Grande National Bank BIdg.
After a Cold Auto Ride
what could be more comforting or exhilarating than a nice cup oX
'Hot Chocolate, which you will always find ready at this season of
tho year at our Soda counter? We give It to you pure and cheering,
full of that goodness and nutriment so peculiar to the best quality
of Chocolate. It Is a food, drink and medicine all combined, at low
cost. - ,-, ' .
Selder's
La Grande
For Interior Finish
Our stock of -Coast Fir, is very
complete and extensive, and we can
at very short notice supply any de
mand for flooring, moulding and
mill work of any description. Also
pine lumber, shingles, lath and roofing.
Wenaha Lumber Company
Phone Main 732.
Greenwood and Madison.
other things Sub. 9 of Sec. 35 pro
vides:
Charter llequlres Ite medial - Acts
"It any assessment is set aside by
order of any court, , the council may
cause a new one to be made In like
manner for the Bame purpose for the
collection of the amount so assessed."
The words "In like manner," may be
construed to mean that,-In the re
assessment of property, that all tno
proceedings shall be . following as
nee Rhsary in making a valid original
assessment, - ..
Sew District Sot Created.
. Aain, it is claimed by couiiroI for
ctoienriantB that, H making the origl
i.n I assessment,-..-a new ln-iroveiueiil
di.lnct, wns -'.yea ted lnclucln.; titter
out territory than that Included In (he
dlBtrlct as originally created. ; A res
olution was at first adopted )iy the
council in Hie original assessment
proceedings declaring it expedient to
Improve Sixth street from the "north"
tide of WasMngton avenge to tho
noun line of K slieet. OUir.r un.lsuo
sequent proceedings of the couuc.l de-
scribed the portion of Sixth street to
be improved as commencing with the
"south" line of Washington avenue
and extending to the norm line of K
street. The object of re-ai&ossinent
proceedings la to" correct juu such
such mistakes and lrregul irlt'.ea as
this. Furthermore, it has bcu;. b 14
that the council, In the re-assessment
proceeding!!, has the right to change
the original improvement district by
adding to, or excluding, tei rltory. In
eluded, or not Included. In the orlgl
ual Improvement district. Pago and
Jones on Taxation and Assessment
Vol. 2, Section 970.
r Acts of Council Sot IteTlcwnble.
Again, it is claimed that the re-assessment
Is void ; because the com
missioners appointed -'to nssoss the
henellt arbitrarily nsseBsed the bone
fits the samo as tho commissioners
appointed under the original proceed
ings. It is well Bettled that In the nb
sence of fraud that the action of the
commissioners and the council in as
sessing the benoflts and apportioning
the costs Is not reviewable by the
courts. Hughes vs. city of Portland,
WA Ore. 370.
;. Old Improvement 'Ordinance.
Wo come, now to the consideration
of the most serious question involved
In . this proceeding and that is th
puestlon - whether or not Ordinance
No.: 4, Series of 189!i, and amendments
thereto, have been Impliedly repeal
ed by the adoption of the charter of
the city of La . Grande; which was
was- uuopled by a majority vote of the
legal voters of said city on the 22nd
day of June. 1909. Ordinance No. I
Series of 1893, provides that notice
shall be given . by publication of all
proposed street Improvements by
grading, graveling, planking or build
lug sidewalks thereon, unless a pet!
tlon shall be presented to tho council
siHiied by two-thirds of the owners of
the frontage along such street pro
posed to be Improved; It Is admitted
by the city that this ordinnnce has not
been compiled with by the council In
either the original proceedings or re
assessment '.proceedings,, so, If tho
same Is still In full force and effort
the giving notice being a pre-rcquisllo
to street Improvements and, therefore,
jurisdictional, 'the proceedings for (lie
Improvement of Sixth street would be
absolutely void as well as tho pro
ceedings for the Improvement of ev
ery other street since the adoption or
the new charter.
Old, Ordinance Should Be floponlod.
As lone- as the council does not
deem It necessary to follow the pro
visions of Ordinance No. 4. Series ol
1f93 In street improvements, It cei
tnlnly would be safer for It to reneul
this ordinance bo that then there
could be no question about it being
still In full force and effect.
In passing upon the question as to
whether or not Ordinance No. 4, Ser
ies of 1893,. Is still In force and effect,
this court must pnss upon the ques
tion as a 'legal proposition and should
not ... be;-Influenced bye the damaging
consequences to the. citv no 'the one
hand, or, on the other hand, the ques
tion that unless the council Is .restrict
ed bv the provisions of ordinance N
4, Series of 1893, the new charter will
elve them almost unrestricted au
thority In matters of street Improve
ments. ,-;
-.. - Council's Tower Unllnilled.
We will agree with counsel for the
plaintiffs that unless Ordinance No. I,
Series of 1893, is still In full force
and effect, tho council under.tho pres
ent charter,, hns almost autocratic
power over street Improvements. If
Ordinance No. 4, Series of 1893, 13
not still in force and effect, the coun
cil can, without any notice to the
property owners, order the improve
ment of property that in some cr.se"
might result in the confiscation oi
tholr property.' True, the property
owners have a right to file a remon
strance but even if the remonstrance
should be signed by every property
owner, the council is not required fo
give heed to it. Under all the authori
ties, the assessment of benefits and
the apportionment of the costs of the
Improvements Is left solely to the
judgment of the' council, unless the
property owner enn establish fraud,
which is always difficult to prove. Tho
present charter of the city of La
flrande was not thrust upon the peo
ple by the legislature but was adopted
by the legal -voters of tho city them selves
by means of the Initiative. Even
under tho charter of Portland, . tha
owners of two-thirds of the abutting
property owners can defeat n pro
posed street Improvement by filing a
remonstrance. '-"..
Ordinance Dors Xot Apply to I'liviugr
Section one of ordinance 4, Series
1893, provides "That whenever , the
council shall deem It. necessary to
have any Btreet traded, travelled,
planked or sidewalk built thereon, It
I let Us Protect Your Health
by putting yourplumbinginfirst-cla88 sanitary condition,:
connecting it to sewer so it will pass all .sanitary laws
r t . '. tiiirirri
DH1 cr LWCirCL $
LICENSED PLUMBERS LA GkANDE
SPRING STYLES
;of
; WALL PAPER
Is now ready for
inspection
PAlNV'$2A0per Cao;i
B. B. NUTTER
Phone, R 971
Sext-to Observer Offke.
shall order the same," etc. It will
be noticed that nothing is said in this
ordinance about paving a street. The
word "paving ' Is used in section H
but this ordinance gives no authority to
the city to pave nny street. This ordi
nance wns passed when the city was
still In Its .kilts and before It assumed
any metropolitan airs. As suggested
by. one of the council at the argu
ment, when this ordinance was passed
bltuhthlc, pavement was not Invented
or dreamed of. .
Charter Different from Ordinnnce.
The power of the council under the
present charter Is conferred by Soci
37, which gives the council power
"To grade, pave, plank, macadamt.e
gravel, curb, or otherwise Improve,,
repair, or beautify the highways,
streets avenues, . lanes, alloys and
sidewalks of the city and to provide
for the payment of the expense there
of, and levy special assessments In
the manner hereinbefore provided up
on property which is especially bene
fited by any such Improvement that la
contiguous to or abutting or f ranting
upon the' highway; street, alley, lane
or sidewalk to be graded, paved,
planked, graveled; curbed, macada
mized or otherwise improved or beau
tified." t
: As said before, Ordlnnnco No. 4 does
not require any notice to be given in
case It is proposed to Improve a street
bv paving It but only In case It Is to
ho '."irrnded. graveled, planked or side-,
walk built thereon." :
Sub. 9 of Sertio.i .t "
manner In which nil sued"! nx"""
nionts for any of the purposes provid
ed for In suh-dlvlslon 27. 37 and 38 of
this section shall he as follows:"', Then
there follows a specific statement of
the manner in which a special assess
ment, for street Improvements shall
be made and enforced.
Legal Principles.
Our suprome court hns held that
where a statute points out a particu
lar manner in doing an act that all
other methods of doing the act are ex
cluded. Scott vs.' Ford, 52 Ore. 288.
It Is also a-familiar principle of law
that, while repeals by Implication are
not favored, yet where the Intention is
clear that an act should be substitut
ed for nil pre existing statutes, the
court will so hold, In re llooths will.
40 Ore. 134. Erwln vs. Wheeler, 120
Pac. 10, JS (Ckl.)
Charter iPJcpcalcd Old Ordinance.
. It seems clear that it was the In
tention of tiie voters In tho adoption
oMbe present charter to substitute, It:
In the place of all previous charters
and ordinances of the city, but, In sub
division 9 of Section 35 It Is declared
"After a compliance with this sub-di-vlston,
tho council shall be deemed to
have acquired jurisdiction to order
tho making of such Improvements."
Counsel for the plaintiffs In this
proceeding contends that the council
did not acquire Jurisdiction unless
thej' gave the notice as required by
Ordinnnce No, 4, Series of 1893, yet
this charter Itself declares otherwise.
We do not believe that Ordinance No.
4. Series of 1893, is still In force and
effect but vhat It was repealed by the
legal voters of this city by the adop
tion of tho present, charter.
Other objectlops were urged to the
r" assessment proceedings at the ar
gument but we deem them without
merit.
More Lcgul Prifclplcs.
A different rule applies in passing
upon re-assessment proceedings than
In passing upon the' original assess
ment proceedings. As said by the
supreme court of this state In the case
of Hughes vb. City of Portland, supra,
''The general rule, that all tax pro
ceedings shall be construed in favor
of the taxpayer, often results In per
mitting him to profit by the mere non
observance of technical and unim
portant matters, and thus obtain the
benefit of an Improvement to his prop
erty while contributing nothing to Its
payment, to the. loss of either the con
tractor or municipality or both. It was
to oover these defects and compel
property owners to pay their due pro
portion of tho cost of Improving their
property that the ro-assossment pro
vision was Inserted In tha chnrter and
It should bo so construed ob to effect
uate the purpose intended.'.' It plain
ly authorizes an assessment or re
assessment of property, benefited by a
public Improvement as often as may
be necessary to compel it to bear Us
just proportion : of the cost of such.
Improvement. The intention of . the
charter is that no technical defects in
the proceedings for the Improvement
of a street which has, in fact, beau
Improved, to the benefit of adjoining
property, shall prevent or stand in
the way ot the benefited property pay-.
Ingots just portion o( the costs there
of." Writ Dismissed!. .
It follows from the above conclu
sions that, tho Writ of Review should
bo dismissed and It Is so ordered.
, J. W. KNOWLES,
Circuit Judge,
SECRET INK.
Writing Which May Be Made Invisible
or Visible at Will.
There are several ways in which two
persons can correspond with each oth
er unknown to oven the people before
whoso oyes tho very letter Is held. Ovid
taught young women' when writing tol
tholr lovers thoy should nso new milk
as Ink. This v l.Uirx.ial U ' Invisible,!
1,1-1 ly scattering coal dust or soot upon
the paper the writing becomes legible
AusouMM iiuopied una luuluinl wuun
wr !l'j' to I" ;
''Diluted sulphuric acid, lomon juico.i
solutions of nitrate and chloride ofl
cobalt or of chloride of copper wrlto
colorless, but on being heated the char
actors written with the first two bo-i
come black or brown and tho latter
green. Whon tho paper becomes cool
tho writing disappears nnd leaves the
paper blank again. Saltpeter dissolved
In water and equal parts of sulphato ofi
copper ami sal .ammoniac dissolved In
water are two good Invisible inks. ,
There aro also some inks which urc
Invisible when dry, but vlslblo when
molslcncd with another liquid. Tbusl
a solution . of murlute of antimony
wnshed with tincture of galls becomes
yellow, green vitriol Ink washed wllbi
tho same solution turns black, nitrate
of cobalt washed with oxalic acid turns
bluu, nrsonnto of potash with nitrate!
of copper green, solution of gold with
muriute of tin purple. -
"- The Ferooioue Microbe. ; .:-.'"
Life Is growing too complicated for
tho nverago unlearned human being,
says tho Dietetic and Hygienic Ga
zotto. It has been discovered by med-
Icul men that birds ore dnngerousi
enrriers of disease that "even the!
fluttering of a canary .In its cage may
throw out infection" and that as for
tho companionable, Impudent parrot,
be often suffers from something cnlledi
psittneose, which may be transmitted
to tho unsuspectiug owner. Tho uu
friendly germ, the vindictive nulmnl-1
culo, tho blustering bacillus, browse on
our carpets, bide In our books, hold
swimming races In tho water ' we
drink. They , seat themselves by ouri
side in tno ."trains,.-Invade, the very
clothes wo wear and peuetrato to the
innermost portions of our anatomy by
morns of- the atmosphere which we
shall very soon bo cnutlonod not tol
breathe.
A Tart Critic
Tho Abbo d'Aublguac, who wrote
admirably on dramatic composition
ami had instanced many living ex
amples of failure in that direction
was ho imprudent after thirty years
silence as to write a trugedy himself,
In tho preface ho boosted that he, of
nil dramntlsts, had most scrupulously
observed tho rules of Aristotle, whose
inspiration he bad fotlowedl To this
It was replied by one who bad suffered
from his criticism, "J do not qunrrol
with tho Abbo d'Aubignnc for having
followed tho precepts of Aristotle, but
I cannot ptirdon tho precopts of Arts
totlo that caused the abbo to write
such a tragedy."