La Grande evening observer., January 03, 1913, Image 1

OLUME XII.
LaOkANDE, UNION COUNTY, OREGON, FRIDAY, JANUARY 3, 1913.
NUMBER 58
RECOUNT IN IDE HODGIN-KIDDLE SENATORIAL RACE ORDERED BT CIRCUIT i "IE
SENATE TD BE FINAL JUDGE
FINDINGS
IF CIRCUIT
AS CONVENIENT
Votes cast for Ed. E. Kiddle, Re
publican, and John S. Hodgln, Demo
crat, for Joint senator from Union
and Wallowa counties on November
5, will be recounted.
' A decision growing out of the pe
tition for a recount, filed by John S.
Hodgln defeated for the office by
four votes was handed down by Cir
cuit Judge Knowles today. However,
thelresent status of the recount sit
uation Is vague and Indefinite. The
possible procedure Is to order a re
count before the legislature meets,
but in auy event, final decision as to
the seating of Kiddle or the seating
of Hodgln remains with the senate',
as per findings of the circuit court.
Mr. Hodgln is held by the court to
give 2,000 security to guarantee the
costs of recount and attorney fees
and in the discretion of the court, can
I be made to pay all these costs should
Vio rennnnt find fluhflennenf. action of
the senate fall to unseat the present
Incumbent.
The decision today finds on two Im
portant issues, on- of which is that
there Is no other course to pursue
?han that which he outlines, namely.
chat the seuate is the last, final and
really only body that can determine
Lhe legality of the vote, and that the,
:lrcuit court under the law is merely
idvlsory to the senate. There has
ieen no date for recount set but if it
s brought to Issue, the court will
I iLi'lsr als findings as to whogot the
l.nost votes and submit it without
surtner aciay to me presiueui. ui me
enate, It to be finally decided there.
no recount is actually accom'pllsh-
d, the issue devolves upon the sen-
te without the preliminary evidence
Iiat a recount would accomplish and
upply.
The case has been awaited with a
reat deal of Interest. The one real-
important Issue at stake was the
atter of jurisdiction and this the
lourt assumes, in an advisory way.
he next legal move is to bring an-
wer to the declsfon and get the'
atter to Issue at which time a date
Lr recount In both counties will be
-t. There are but a few days to
kt In and what Is done must be
ine quickly.
Court Answers Contestee.
In their motion to quash the orl-
nal petition for a recount, which
btiy It is that Is denied today couu.
for Mr. Kiddle set forth two prm-
al contentions, towlt:
hat the court (circuit court) has
Jurisdiction to order a recount.
his decision pertaining to this con.
iatlon of the contestees, Judge
wles says:
Under this law, I take the view
It it is not necessary for the court
decide whether or not under the
vision of our constitutlonthe leg-
iure is me soie exclusive juugea
election and qualifications of Its
ii members. . . . The court has no
Sit to Issue a certificate of elec-
The corrupt practice act pre
ss In case of a contested nonii-
ion or election for senator or rep-
ntative in the legislative asseni
or for senator or representative
rongress, the court shall forthwith
Ify its finding to the secretary of
e to be by him transmitted to the
tiding officer of Uie body In ques-
W Court Preliminary .Aid.
..Tba whole matter Is still with the
BlaTure who can receive or reject
evidence secured by the Inspec
land examination. ... It Is mere
B convenient method of preparing
securing evidence In advance of
j&eetlng of the legislature Instead
Wilting until that body convones
lit no more interferes with the
kuttonal right to Judge of the
on of its own members than
the law requiring the board of
tsers to give a certificate of
WITH
COURT
EVIDENCE '
election to the candidate receiving
the highest vote." .
A second contention by Mr. Kid
dle and counsel was that the notice
of contest does not set forth any
facts sufficient to eorvV.cute a con
test cf election.
"J think," says the Judge in his
opinion referring to this claim, "that
the notice of petition is sufficient in
this respect. After alleging the num
ber of votes which the contestant
and contestee received in each coun
ty, It is then specifically alleged
what they received In different pre
cincts of the county In . showing
clearly the number of votes that the
contestant claims to have obtained
in these precincts In excess of the
number given him by the canvassiug
board. . , , The petition substantially
complies with the petition that Is re
quired by Section 3523 L. 0. L. In or-
er to institute the contest."
District Attorneys Confer.
Colorado Springs, Colo., Jan. " 3.:
District Attorneys from all parts of
Colorado are gathering here today
for a conference at which they. will
exchange views on the subject of
their duties and methods of work
The conference will be the first of Its
kind ever held In this state.
LEW NOT TD
BE FIXED
COIXTT COURT NOT GITEX
DATA.
ALL
State Ready to Convey Data I'pou
Which Levy Is Made.
Contrary to schdule. Union county's
tax levy was not determined today,
nor will it be until next week, some
time. Various reasons are responsi
ble. The laws provide that the coun
ty court shall make Its levy this week
but three pertinent grounds upon
which to make its levy are missing,
hence the delay. The state has not
advised the county court Just what
Union county's share of the state tax
is; the state tax commission has not'
submitted its assessments on cor
poration property and public utili
ties In Cnion county from these two
premises it follows that the county
court neither knows how much the
assessed valuation of Union county
is, nor does It know how much money
has to be raised.
As far as the county budget Is con
cerned, estimates have been , deter
mined but the state's portion of the
annual toll remains the unknown
quantity. The levy will be made next
Thursday.
WEMAYEI6 SUICIDES.
Washington, Jan, S Representative
William Memnyer of Michigan leaped
From the Hner Panama Inst night
and was drowned. The Information
came by wireless from the liner.
To Push. Woman Suffrage In Iowa.
' Des Moines, la., Jan. 3. A con
stitutional amendment providing for
woman's suffrage will be Introduced
at the session of the Iowa legislature
about to convene, with apparently
the best chance of carrying that It
has ever hfid In this state. Other
Important measures to come before
the legislature will deal with work
lngmen's compensation, a nine-hour
workday for women and rarlous re
forms In state prison management,
the educational system and the
methods of taxation.
1
NEW MAYOR
ASSUMED
Formal Turnover of the
City's Management
Preludes Message
S PROMJXEXT POLICIES OCT.'
MXED BY MAYOR IX t
J - , fc1"
w ....
v council moetlngs and trimming $!
expense. ...
Subjugation of personal inter- $.
ests to city's welfare. .
Publication of financial status $j
monthly. S,
Connect all residences with
sewers and eliminate outhouses. ?
Take saloons off Depot street
$ If possible.
Tighten quarantine laws and
S make permanent improvements.
Throw paid fire department
under control of voluntetr de-
8 partment management.
Stricter regulation of liquor 8
S business, and holding number of
saloons to eight. S
3SSSS.J$$.$)$$S35S3.
Mayor W. J. Church and his col
leagues in administrative affairs of
La Grande stepped Into prlvafca life
and Mayor M. K. Hall and his col
leagues took up the helm of state at
the annual meeting of the city coun
cil last nigh. Brief, formalities wit
nessed the. change in administration
after ithe retiring council had ad
journed sine die at the conclusion of
tedious routine work. The old coun
cil hated to give way and grasped
nt every possible opi'-ortuaity to. pre
cipitate debate, t was after 9:30 be
fore the actual change . took place.
From then things moved a little more
rapidly.
Mayor Church is absent from the
city and President of the County
Mackey sent a committee of holdov
ers out to usher In the new mayor
and the other officials. These men
were in close proximity of course and
President Mackey stepped down for
rMr. Hall, Recorder Mansager gave
way to Lee Warnick, and at the
council table, Davis remained quiet
as he succeeds himself, but Mackey's
council chair was filled by F. D.
Halsten, F. L. Lilly's chair was as
sumed by W. D. Sargent, and Coun
cilman Finley's backed out graceful
ly to Councilman-elect Wright. The
new seating arrangement of the
councilmen Is: Sargent, Lincoln,
Wright, Fitzgerald, Davis,. Campbell,
Halsten and Jones.
The 3Iiiyois Message.
Mayor Hall conveyed the following
communication to the council on his
ascension to the dais:
To the members of the city conn
ell:
It becomes the duty of the mayor
to appoint six different committees
of councilmen, among whom is to be
apportioned the work of carrying on
the business of the city dining the
year, ,
I have made an effort to simplify
the work of the committees by hav
ing two committees composed ct the
same councilmen where possiblo
thus you will see that the ways and
means committee and the water com
mittee are composed of the same
members as also are the police and
and finance committees, and the
street and Judiciary as far as pos
sible. In 'making this arrangement it has
been found impossible to give all
members of the council eaual recog
nition. This, however. Is a small
matter, as I regard every member
of this council the equal of every
other member In eyerv sense of the
word.
1 would request that each com
mittee have a meeting at as early a
date as possible, and effect an or
ganization, electing their chairman,
and apportioning the work of their
department as they see fit
This la a departure from precedent
and Is made, In the hope that each
AND COLLEAGUES
DUTIES LAST NIGHT
Only a Few of the Ap-
pointments Are Now
Acted Upon
Aimolutmcnts ComWd.
city Attorney-J. P. Rusk.
City Auditor X. J. Mansager. i
v caretaker gpn intakeEd. rro-
s peck,
Janltor-jlU Dunnington.
$, Appointments held up until 8
,4 neJct Beg8i0n; , city engineer,
physician, street and water su-
Dernfelldfin, nnlln,, ,,,. A
trolmen, scavenger.
Instantly that the new officers
were seated, Mayor Hall read his
message to the council and followed
that with action on the appointments.
For a few minutes tiny riffles of dis
cord clouded the parliamentary ' voy
age but a Btiffer hold on the mayor
alty helm and a kind but firm point
ing out of the course Roberts made,
lying before the ship of state, from.
His Helmsman, the mayor, got the
craft sailing steadily without wob
bles or refractory, waves of debate,
IRusk City Attorney.
Strained atmosphere was caused by
the objection of Councilman Sargent
to the appointment of a city 'attorney
at that time questions of procedure
came up and several sharp rulings
were necessary .before the council
got down to business. However at
an Informal, caucus prior to the or
ganization It was deemed best to
leave some of .the appointments go
over, and thereby has been heated
and prolonged the real excitement of
the new administration. N. J. Man
sager was appointed auditor', Ed. Pro
peck caretaker and J. L. Pulmingtou
Janitor, but the other and more im
portant offices went over until next
meeting. Spirited contests will be
waged between now and then.
The vote on confirmation of Rusk
was a majority for his appointment.
Dr. G. L. Blgger's appointment as
city physician was not confirmed
and no other appointment was made.
Campbell President
Election of a president of the coun
cil took place, with Campbell and
Lincoln as candidates, Campbell win
ning. y
committee will more ' fully realize
that It has In charge the business
of Its department, and will be ex
pected to conduct It In accordance
with a definite plan. Of course the
committeeman whose name appears
at the head of each committee may
be named as chairman, if the com
mittee sees fit. Rearrangements of
the committees by the mayor is pos
sible at any time.
If the council as a whole should be
of the opinion that the business of
the city could be expedited by a
different arrangement of the commit
tees, I would be glad to have them
so indicate.
I hope that the councilmen and
mayor shall be able to get along har
moniously, having ever In mind that
even harmony should bo sacrificed
when the best interests of the city
are concerned.
iet us maxe me Keynote oi our
administration, the. subjugation of
personal ambitions and desires, to
the accomplishment of the greatest
possible good for the greatest pos
sible number, In the most economl.
cal manner.
I regard the following as the most
Important matter which I have to
bring before you at the present time.
In setting forth the duties of the
committees of the council, an ordi
nance which has long been In exist
ence provides that each committee
shall hold a meeting at a stated time
before each regluar council meeting,
at which shall be considered busi
ness pertaining to their department,
conclusions arrlevd at and embod-
,e, , tht form of rei0iutoni or or.
Personnel of Committees
Leaves Chairman
ship Unsettled
COMMITTEE APPOIXTMESTS
WITH TEXTATIYE CHAIR
MAXSIUPS. Street committee Sargeant ;
Davis, Wright, Halsten.
Water committee Jones;
Fitzgerald, Lincoln. ; ' ; ; ' ' '
Fire and police committee
Campbell; Wright, Halsten.
Finance committee Halsten;
Wright, Campbell.
Judiciary, committee Davis;
Sargeant, - Fltagerald. '
Ways and means committee
Lincoln; Fitzgerald, Jones.
Precedent In council procedure iu
this city has been upset in a semi
commandatory edict of the new may
or. Henceforth more detail work Is
to be done in committee rooms and
the twice a month council meetings
are to be meroly checks and scrutl
nlzers of what the ommlttees ' have
done. This Is the custom followed In
all large cities where it would be
Impossible for (the council to take up
these matters as a body committee
work will curtail the expense, It Is
(Continued on Page Z)
EAIILY IDICATIOS P0IM TO
LA GBAXDE.
Good Attendunce Marks Opening of
the Vale Gathering,
BY C. M. HUMPHREYS,
(Delegate to Oregon Woolgrowers'
Convention From La Grande.)
Vale, Ore., Jan. 3. (Special)
With art address by President J. H.
Dobbin, an address of welcome by I.
W. Hope, mayoV of Vale, George W.
Hays, secretary of the Commercial
club, another by George McNI'ght the
county Judge and a response by Clias.
F. Hyde of Baker, the Woolgrowers'
convention opened here today. The
attendance is excellent. Early can
vass of , the situation Indicates that
La Grande has conspicuous possibil
ities of landing the next annual con
vention when that issue comes up to
morrow afternoon.
Oregon Woolgrowers Meet.
Vale, Ore., Jan. 3. With a large
and representative attendance the
annual convention of the Oregon
Woolgrowers' Association was open
ed here today and will be continued
over tomorrow. At the close of the
proceedings a large proportion of
the members will leave for Cheyenne
Wyo., to attend the annual conven
tion of the National Woolgrowers'
Association there.
dlnance to be brought before the
council as a whole with the recom
mendation of the committee, and a
minority report, if there should be
a difference of opinion.
In this way the business of the
city may be expedited and a consid
erable saving effected. - Each ' time
the council meets It costs the city
$27.00.' Accordance with the charter
requires two meetings each month.
It Is my belief, that by following
the system above outlned, the bus
iness of the cty can be carried on
wun zt meetings during the year,
costing $648.00. Council meeting cost
the city last year $1161.00, there be
ing 43 meetings held.
: I would suggest for the ooasider-
wflGLMEN AT
VALE CONVENE
(Contlnued on Pae S)
32
ES
t
o
LEAVE Fl 1 1 lR HL
IL
WRIT OF SUPERCEDEAS IS AL
LOWED BY THE FEDERAL
COURT OF APPEALS
S ARE MADE HEAVY
Ten Thousand for Each Year of Sen
fence, Is Bond Fixed by the Court.
Hockln ot Included in the List
Put Upon Ball Conditions.
Chicago, Jan. 3. An appeal to the
federal circuit court for a writ of
supersedeas In the case of the con
victed laborites this morning was
successful and 32 of the 33 men may
be released on bonus. The bonds are
put at 110,000 for each year of sen
tence. Hockln was not represented
by the defense' attorneys. Judges
Kohlsaat and Seaman sat with Judge
Daker In the hearing. '
Judge Baker ruled that the de
fense must show debatable points be-
fore the appeal will be perfected. ;
Attorney Miller warned the court
that the dynamiters would probably
leave the country if they were releas-
ed. The court ordered the prisoners
released as soon as the terms of the
bonds are complied wlth.-4 ; ' - v
Walsh to Succeed Dixon.
Helena, Mont., Jan. 3. The Mont
ana legislature which will convene
here Monday Is exectped to make for
Itself an important place in the his
tory of the state. Measures of much
weight will be brought before the
new legislature, chief among which
will be a woman's suffrage bill, a
comprehensive road law, provision
for direct primaries, presidential pre
ference primaries, and a limitation
upon the expenses of the candidates,
and bills dealing with reform In the
methods of taxation, the conservation
of waterpower, and a closer super
vision over mining and other Invest
ment enterprises. ;
' The Democrats will be in control .
of both houses of the legislature,
which means that a Democrat will be
elected to the United States senate t
succeed Joseph M. Dixon, the Pro
gressive Republican leader who di
rected the iKoosevelt presidential
campaign. The choke for the sen
atorshlp Is T. J. Walsh, a wealthy
Helena lawyer. Mr. Walsh has as
pired to the senatorship ever since
the days of the late "Tom . Carter.
Several yearn ago he was an unsuc
cessful candidate for congress.
Alleged Swindler In Conrk
Boston, Mass., Jan. 3. Frank C.
Wlnchell, former president of the Ox
ford linen mills of Brookfleld, was
arraigned In the federal court today
for a preliminary hearing on the
charges of having used the malls In a
scheme to defraud. Winchell's ar
rest followed a raid two weeks ago
on the offices of the Sterling Debent
ure company In New York and other
cities. The Sterling concern, it Is
estimated,' sold during its career of
six years, approximately $33,000,000
of the stocks of various companies
Including the Oxford linen mills.
Much of this stock was In legitimate,
companies, but an enormous amount
It Is alleged was of bogus concerns
and was worthless. i '
UN
PRISON ON
Gideons Meet in Minneapolis. 1
Minneapolis, Jan. J. An interest
ing convention of Gideons, or V'
tian traveling men" met to
today with, many memb
aace from Kianeso '
tas. The conv- '
days. s