La Grande evening observer. (La Grande, Or.) 1904-1959, April 13, 1915, Image 1

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La Grande evening observer., April 13, 1915, Image 1

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Newspaper Page Text1 t n t n Mi MM AN INDEPENDENT NEWSPAPER PRINTS THE NEWS THE DAY IT HAPPENS VOLUME XIV. LA GRANDE, OREGON, TUESDAY, APRIL 13, 1915. NUMBER 260 CLEAIINEEK BEGINS D DAT mu EARLY -COMMERCIAL CLUB WILL DIRECT WORK IN BUSINESS SEC TIONS OF THE CITY. MANY PHASES OF CITY'S COMMERCIAL LIFE TALKED PROPERTY OV ERS 0 4TH STREET OUST PAY BRIDE TRAVELS HALF AROUN D EARTH FOR OY LOVE IMPROVEMENT CHARGES Present City Charter Held to be Unconsti- ; tutional t ; .Motorcycle .Club Plans' Fathered ! - hibitors at the County Fair Auto mobile Guide Book Funds Sought Evening of Important Matters. A half-dozen paramount questions that look to the welfare and improve ' .ment La Grande and Union county's commercial good were disposed at an important meeting of the commercial club directors last evening. In rela tion to the . immediate future, ttie most important piece of business done -was to take off the sholders.of the civic committee of theneighborhood club part direction of the city cleanup that is to start next Monday. The commercial club will endeavor to have all stores in the down town section gather, rubbish and filth into the .alleys from whence it may be picked ut and hauled iiway readily. The neighborhood club will ' direct the -work in the residence section. - - Will Work For Fair FLAWS, HOWEVER, 00 NOT EFFECT PAVING ISSUES " Fourth street property owners must pay for the paving of that street and, also La Grande's present charter is unconstitional, according to an im portant decision handed down. by Cir cuit Judge J. W. Knowles this morn ing denying the writof review brought by property owners on Fourth street, through Turner Oliver, their counsel, against the reassessment of the costs to abutting property This is not the first appearance in court of this much mooted topic, the reassessment fol lowing previous successful resistance. Upon the first point urged, Judge Knowles held - that the present reas sessment proceedings were properly made and that the writ of review should be dismissed. 'He points out that it is not for the: court 'to . pass upon the expediency - of originating sioners to pass upon, and their decis ion is final in review proceedings, and i fact in all proceedings, unless fraud be alleged and proved.. Duni Way vs. The City of Portland, 47 Ore- gon 103; and Riggs vs City of Port land, 142 Pacific 827. In which' lat ter case the court says, "The determ ination by the council of the amount the property was specifically and peculiarly benefited, by , the improve ment, and .. the proportibnlate share of the cost to be charged to such lot, in the absense ; of , fraud or de- monstratable mistake of fact is con elusive, except as a right of appeal may De given oy tne charter unless it has proceeded upon a wrong prin ciple of law." In review proceed ings all the-court can pass upon is the regularity of the proceedings, and if the council or commissioners nave followed the method prescribed bv the charter, the court has no other alternative but to-uphold the por ceedings. Under the constitution of this sate, as I have hereinafter de cided, the legal voters of a city have a. i in in, iv enact ana amena tneir charters, and if the legal voters of a this city have given the city council street improvements, but solely upon As a commercial club, the directors . the leealitv of the same, after the threw their weight behind the county people or their representatives have fair and appointed committees to soli decided to make such improvements, cit special premiums to be offered to.- Constitutionality Attacked exhibitors at the -fair. - The proa--.One of the points raised by effected pects for a county fair were reported property owners, was that the prev to be bright and encouraging. ' . ent charter,' as amended and re-Anothr-committee wasunamed 'to adopted last year, is .unconstitutional solicit 850. which the club guaranteed because the people did not vote to ap- to aid in the publication of a guide to nrnve it.' This contention is sus- or t.h automobilists-raH- EaStemt C-regts-i.ed Uut'-ft " is- further -hera-that-th Hth1ty lover their property in the towns aiding in the movement. Th? Fourth street paving was instituted matter of assessment for street im :book is to be used -for 1915 tourists and completed under , the 1909 char- provement, they have no one to as guides. , . ' ' ', ter and therefore the legality of the blame for this condition except them- Endorse Motorcycle Meet - 1914 charter has no bearing upon the selves. It must also be remembered The club endorses heartily the legality of the Fourth street assess- that review . proceedings will only motorcycl race set for the 17th of ment or any, of the re-assessments. reach cases where inferior tribunals June and the Jdirectoiis "last flight Damage not Serious jhave exceeded their -jurisdiction or started plans for entertainment of The flaws , in the present charter exercised their, jurisdiction errone he visitors in the city that ,nignt. are not serious, neither do they harm ously, as is said by the Supreme .Something, probably a mardi gras, or embarrass the work of the commis- Court of this state" in the case of will be arranged ion at present... The charter adopted Garnsey vs. County Court, 83 Ore- A campaign to urge upon the y the people in 1913, when the com-' gon 2Q1, "Its object (in review) un farmers the need of using the King (mission-manager,, form was accepted, der the statute as at common law is drag was disclosed in an informal jwiu again prevail, it is contended by . to keep inferior courts and tribunals way. . ' attorneys. The present charter within the bounds of their jurisdic- The building of a public natatonum n(j the one adopted by the people, tion, and compel them to proceed re st the park, of cement, and to cost differ only in minor respects, the gularly in the disposition of matters about $1000 was taken up in a general prmcipal differences being that the ( brought before them for determin--way and plans laid for successful cul- st charter correats faults in the ation, but it cannot be used as a . mination o; the plan. boundaries of the city, provides ade-' substitute for an appeal; nor-does it At a recent meeting of the La nuate means to appoint a temporary lie to correct tnprp prrnvs in tha ot. Grande motorcycle club Charles municipal judge, and changes some-' ercise of a rightful jurisdiction, or Roberts was electel president for ths what the bonding provisions. : Asto inquire whether the rulings of the -coming year, naney iuchuiuduu .ii no bonds are to oe iioaiea at presem, inferior tribunal upon the law and Chas. H. Reynolds were re-elected as the knocking out of the present char- evidence, and in the application of treasure and secretary. iter has no material bearing on the the law to the facts are correct." Plans for the annual road race weifare of the city at present. The gee also Farror vs. Nevin, 44 Oregon were made and in place of the run original commission charter was 496; French-Glenn Stock Co vs. Har to Baker, a race of 200 miles for the amended by ordinance and laid over ey County, 58 Pacific 35. McAn- Nortnwest cnampionsnip - uii tuuicc ror 30 days, subject xo reierenaum 1 45! 1 ' j --vX m 4 1 FH1I CHURCH HEADS III CONFERENCE VNNUAL PRESBYTERY TO CON VE.NE I lifS EVENING AND '! LAST THREE DAYS. MODERATOR WARD COMES FOR OPENING CEREMONY Oy -from the Chinese, meaning love after overcoming many obstacles and crossing vast oceans and conti nontsas found a way, and the hearts of r Mrs. Chung Fong and Mr.. Wong Chung Pong beat as one. ; The wedding was the sequel of a real story-book romance and ended a courtship of move than ten years. Ten years ago, Mr. Chung, dean of the Canton Christian college, was preaching in Hongkong when he m-jt Mrs, Fong, who was a teacher of that city. The outcome was that the cer emony was held in the First Presbyterian-church,' New York City, and the photograph shows the bridal cou ple just after the wedding. LONG CLAIMS WIFE IDAHO FAMILY RETURNS TO FORMER HOME. For Three Years Woman H.is Been Out of Bed. Not the vallev was decided upon, The course for the face will b through Mt. Glenn and will be about 7.3 miles to the lap, and will be known as the Mt. Glenn Race Course. A tempor- but there was no referendum petition filed against the amendment. The commission then proceeded to declare the amendments to the char ter in effect, following the direct arv date of June 17th has been set nrnvision of a statute passed by the and prizes amounting to $1000 in K- legislature for the purpose of put Tregate will be given.. ,t,ting into effect the constitutional pro- Pnmmittees have been appointed for advertising, finances, and track. 'Chas Bohnenkamp, who is the origi nator of the new plan, is taking care (Continued on Page 4.) : War Bulletins london, April 13. French aviators . dropped bombs in Hamburg, Germany, yesterday, setting the barracks on flre, according to unofficial reports.' -."'' : .. . ; ; ' Xondon, April 13. Severe fighting Ihas been resumed along the seacoast 'of Belgium. Amsteroam aiSp.c 'tell of determined--attempts by Be -rians to drive Germans from the vil lage of Drei Gracten, in the Yser - region. Street fighting is in progress, Belgians and Germans fighting house -to house, while a Belgian fire is kept lup on German positions. ' -'lJ-j. : Anril 13. A new Ger - man offensive, accompanied by re- newed bombardment of the Fortress r .nil atromr infantry attacks and the use of floating fire rafts and i hnmhs. were launched in the region about the Vistula, according visions for the initiative and referen dum.. . The consitiution . says that amendments to a city charter made be made by the legal voters; while the statute which the city officials followed said that if no referendum should be filed, the amendments come effective upon a proclamation of the mayor. The supreme court has since apparently held, that oply legal voters may amend a charter thus modifying somewhat its previous in timation. . Just what tack the Fourth street nronertv owners expect to take now has not been announced, but some of that crouo of citizens have declared themselves desirous of exhausting every angle of attack to dodge what plaim is unnessary expense, ami an nnfant burden. In his decision Juoee iuiowhjb navB amonir other - things : The above cause is before the court tnr HMnninn nnon the merits. ' This is a proceeding to review the action oi the City council ana comroisniuiiui of La Grande, Oregon, in the impro vement of Fourth ' Street, ut ; musi ha - remembered at the very - outset that the question as to wnetner.tne assessment has been maae accorain? the benefits and whether the im provement has -been made according to the plans and specifications, are questions for the council or commis ish vs. Grant, 44 Oregon 67. Again it is contended that the charter adopted by : the commis sioners in 1914 was illegally adopted and therefore void, because it was not submitted to the legal voters of the City of La Grande, for' their approv al. In this contention I must concur. Section 2 of Article 1 of the Con stitution provides as follows, "The legal voters of every city and town (Continued on Page 8.) , Sick and bedfast, in fact, raised up in bed but oncn during a period of tiiree " yenrs, has been the fate of Mrs. H. E. Atteberry, who was luken In Weiser today." The Atteberry fam ily came to the Grande Rorde from Woiser and lived at Elgin a while and then moved to La Grande hoping to help Mrs. Atteberry's health, but have now decided tha", they had best return nme. Mrs., Atteberry aleop.i , con siderably, and talks scarcely any. In , he three years she has bee; bedfust jhe has raised from her cot but once. Nr. Atteberry raid today that the Oregon climate had done hef no g j'id ji.c the fami' rid decided to return to Weiser. ' DANGER SEEN IN TRESPASS CHILDREN GKli WARNED OF JN PRACTICE. DAN- Pedestrians i'ioss Railroad "roperty at Fourth Street. SPOKANE WOMAN KILLS 4 CHILDREN AND SUICIDES J. H. Keenly, O.-W. agent, lias taken ip with Citv School Superintendent) . im Girdlcr. lie problem of stopping tfcbspassin uii railroad property at (he inteioot'.rm of the railnai m"'i Iourth .strc-1. Childnen crj-ij the ritrht of way in droves to vsr.c l north aide homas w!th'-.ut going to the Sej' ind street- oi Fir street crossi.i, mid the railroad pany has so informed the school department, hopinp, that a word from the teachers will tend to halt tho prac'ice. Many crawl un- ier the ci -3 ; pet through. "Adults, too," said Agent Ketr.ey ' use the short cut and it is bu: a mat icr of timn ti'.itil someone will get killed, if the jiactice is kept up." SOCIAL FRIDAY EVENING Spokane, April 13. In a fit of de spondency,, Mrs. L A. Leonard killed her four children, Constance, aged 11; Lutherine, nine; ton," seven, and Leon- ard, five, some time last night by ad ministering chloroform. After killing her children she took her own life in the same way. The husband and father was out of town. ' DYER IS PEIIDLEION'S MAYOR Methodist Choir to Practice and Play All in Same Evening. Next Friday evening the Methodist choir will hold a social for its mem bers and friends at the M. E. church following a rehearsal for the Sunday evening program the Sunday follow in-. The choir will conduct its usual practice on Thursday evening too, PORTLAND MAN KILLED ' Salem,': April - 13. The supreme court today upheld the right of John pyei- 'to. the. office of mayor of Pen dleton, and ousted R. F. Kirkpatrick. W. F... Matlock, mayor of Pendleton, died in 1914. Dyer, by virtue of be- -'ing chairman of the city council, as sumed the duties of mayor. In Janu ary, of 'this year, the council passed two resolutions, one holding the office vacant and tht other electing Kirk patrick. Dyer-sued in circuit court and won out., . ' Fall Ten Stories Brains Scattered About Street. Portland, April 13. Plunging ten stories, from tho top floor of the Lip man-Wolfe building, when scaffolding from which he was cleaning -windows gave way, Martin Sorenson, aged 27, was instantly killed. ' Fragments of hia head and brains were scattered about. On Heels of Presbytery Comes Anitual . Mt-eting of Missionary Branch of the Church Meetings in Y. M. C. A. and , Public is Invited Delegates Arrive. This Morning, More Coming. Ministerial and lay delegates to the annual Grande Ronde Presbytery, em bracing many Eastern Oregon coun ties, and which opens this evening in La Grande, are arriving on today's trains.' From far-eastern Oregon, the delegates came this morning, and , to night's trains from the north wilt , bring additional nes. The day ses- ' sions will be held in the Y. M. C. A. and are open to all. All indications point to a most successful session. Following upon the heels of the Pres- - bytery, the Woman's Presbyterial mis- sionary - society meets, and the pro-! gram of speeches for that function includes: , , ' - Wednesday, 10 A. M. Devotional, Mrs Smits Gieeting, Mrs. A. T. Hill. Response, Mrs. McDonald. . -Roll Call of Delegates -Reading of Minutes of Previous Meeting. . - .. -, - - - r Appointing ot Committees. Report of Corresponding Secretary Mrs. L. B. Moe. Report of Secretary of Literature, Mrs. J. n. Young. Report of Box Secretary, Mrs. A. - Anderson, Report of Secretary of Freedom i Mrs. Smits. Report of Mission Study, Mrs. Lee Bell. Report of Band Secretary, Mrs. Curry. .,, . Report of Cristian Endeavor Work, Mrs. William Ellis. Lunch ' Afternoon Session, 2:00 P. M. Devotional, Mrs. F. G. Wilson. Round Table "Things We Need" . 3:00 P. M. Special Music Mrs, Hal Bohnenkamp. Dialogue, Mrs. Mossman and Others. . Model Study Class, Mrs. Hill. Wednesday .Evening .7:30 P. M. Address Rev. Ward MacHenry, of Baker. , Special Music, Solos Mrs. A. L. Richardson, L. D. Howland. . Thursday Morning, 10 A. M. Devotional, Mrs. J. K. Wright. Reports from Local Societies. Communications. Unfinished Business. Reportsof Committees. Election of Officers . Prayer for the Work. Adjournment. Thursday Afternoon, Reception For Visitors Retiring Presbyterial Officers , . President, Mrs. Smits, Lostine. Vice Presidents Mrs. Hanna, La Grande, Mrs. Davis, Union. Secretaries Corresponding Mrs. IL B. Moe, La Grande; Recording Mrs.. H. P. Lewis, La Grande; literature Mrs. J. D . Young, Sumpter; C. E. Work Mrs. Wm. Ellis, Baker; Band Mrs. Curry, Baker; Mission Study Mrs. Lee Bell, Baker. Treasurer Mrs. E. A. Stevenson, , Baker. Following is the order of events for the Presbytery, which convenes this evening: Tuesday, 7:30 P. M. Sermon Rev. Samuel L. Ward, D D., of Pine Valley. He is moderator. Lord's supper, subject, "The Dyna mic of our Savior's Death," Rev. Samuel L. Ward, assisted by Rev. Ar- thus S. Heathcote, and Rev J. D. McLennan. Call to order. Prayer. Roll call. Election of Moderator and tempor ary clerk. .Report of committee on arrange ments Rev. Emil Smits. Wednesday, 8:30 A. ; Prayer service Subject, "The signs of the Nearness of Our ' Lord's Re turn." Rev. A. R. Carrick. Roll call. ' (Continued on Page 8.) ; to dispatches.