1 t n t n
Mi
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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.