St. Johns review. (Saint Johns, Or.) 1904-current, December 23, 1904, Page 3, Image 3

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(Continued from Page 2)
from tho possessor thereof without duo
process or authority of law.
SO. Tho chief of pollco shall mako
In montnly statetrtcnt of expenditure!!
ot ins ucpnrtment to tho council, and
aiso nirnish to tho council an estl
mate of tho needs of his department
ror mo ensuing month, with such rec
ommcndatlons as ho may deem proper
lor tno ucttormont or tho service.
Cleaning, Sprinkling and Repair of
81. Tho council shall hnvo power
end authority to provldo for tho clean
lug, sprinkling nnd repair of all
streets, avenues, alloys and public
places In St. Johns, and to purchaso
lite necessary apparatus and employ
I tllntl Hwtrnfnr All allnli wnrlf almtl tin
I - . , . , I ' -' - " ... "Wll WW
COO Lot iuuxiuu in oustness center under tho supervision of the city, en
GOl-Lot facing 120 foot on car Lighting.
lino aim running oacit uo icoi. 2. Tho council shall havo' powor
I fltlil flMthnrltt (n itfnt'ltln frr tlm llivlil.
NOO-I'Ot COxlOO, ono block from hnR nf nl ubn0 buildings, streets,
u. it. ft- iv. u. avenues and nubile nlaccs. Subject to
1nn t t-t, t, tho provisions of this charter relative
300-Lot 00x100, two j ocks from ,0 nLiUon of pubIlo utilities,
(.chool hotisc. A lino corner. !t fillall i,nvo powor nnd authority f0
1o0 Lot uvxim, cioso in nnu near procuro lnnds, cither within or with.
car lino. out tho city, and purchaso or con
mi. I.ils nt nllinr tirlena. Also in. struct tho necessary buildings, civ
1 1 rt 1 . It'lfina ilt'nnmna nml nttinr timnlilnnri'
rntiro win luims. vsuni-siumiuui:u If , ' ii ...........y .,,
, . I i iuviio, iiiuiiib, mien, i:uiitiiiii., jiuiu.i,
' I f illllncn n.t.l ttMinx nliim .... lit. .....1 .11
HinuiPl llllil Wlllwl llfjl.ll unit, Mini llIJfir
nuccs constituting n plant for light
liif tlio rill hv- nlnntrlnlti- fir tiv nnv
W. J. PEDDIOORD other means or svstntn. nnd If tho
council derm It advisable It may pur.
chaso lowers, noles. wires, lamtis. nnd
ions Union 4000 ST, JOHNS other appliances, nnd causo lines oT
wire to ho constructed, tho uso ot
which It may let to nny persons or
corporation contracting to light the
city, it than also hnvo power to lay
pipes nnd conduits In tho IiIkIiwiivh,
alleys and public places for gns or
electric light wires, nnd to erect In
tho highways, alleys and public places
pohn, towers or posts for wires or"
M, 'Killingsworth
The finest list of rcsldcnco property '""M's. nnd to place, construct and
....... " I timltitnlti Inn tifiprtHHnfi Httiitf nf wlrtia
tllO (llSlnCt. lint.KU nl.nvn ..m.ln.1 I.. Ilm
Walnttt I'nrk Offers tllO most deslr- IiIpIiw'IVii. nll.HK i- niililln ..tfinn.. nn
tile homo silos streets graded, lots tho council shnll bnvn tmwnr nml nn.
itxiuu. bout at priccf tno most inv- tltorlty to advortlso for not less than
b nblo in tho market, thirty (no) days for bids for lighting
w. m TfTT.T.TwnswniTTT as ntorcsniii, nnd purstinnt thcreor may
03 Ohambor of Ooramorco, Portland "",or 7"c" nK 'r " i,ono"
. - , I lllllU IHJl IU UXCVLMI IIVU U I ) UIirH.
Tho council shnll hnvo power and nu
thorlty to fix tho number and location
I of nil public lights,
Water Department
so. Tho council of St. Johns is
hereby authorized and empowered to
purchase, construct, condemn nnd pur
chase, acnulro. maintain nnd nnernto
YOU WANT A HOUSE OALIj ON MB water works within or without Its lltu
Its, with all necessary plants nnd in
cllHles, of n character and capacity
sulllclant to furnish tho city nnd In
hnbllnnts thereof, and also to furnish
public nnd private places along or In
tho vicinity or tho pino lines or con.
dulls constructed or used for such our
poses wllh an ample supply of good,
.T TTVT"RPk"F? nuro wholcsomo water, nutnclont for
kW L - v-v. ,10 comfort iid convonlettco of tho
ILOOIIINO, OEELINO, RUSTI0 ,M"",C V,vn,u ";0' inciu.iu g wnicr
And All Kinds of Building
Prompt DllTfrjr Oumntrod.
mhnson & Dillon
control tho use, distribution and prlro
thereof; nnd to that end may acnulro
by purchase or otherwise, nnd own nnd
possess such renl nnd personal prop
rty, within and without tho limits of
ill at rooT UURLuraTON btreei I the city, an may bo necessary nnd con1
venlenl for tho operation nnd main
tnlnnnco of tho water system, nnd for
such purpose mny Issue warrants or
bonds and dlwpoxo of tho vamo as lion
inartor prnvldiMl.
Tho city shall not enter Into nny
contract or agreement whatever with
nny ponton, comrnny or corporation
,,r.A. in rtr.ritn. v,,.i., tnT ,no purchaso or lenso of nny wntor
ontractors In Oradlnir. Excavating L.gtom, plant or supply, or entor Into
aim bu Kinua o warn wors, any contract or ncrocniont whntover.
nir tmim.- with any porson, company or corpo-
Mllllfll, IUI IIIV FlIIU VII IVtftVU 111 tllU
wholo, or nny part, of Its water sys
an lcavo orders nt Shcpnrd & Tufts " distributing plant, Including
I limine, iMiiiiuiin, iiiiiiiiiih nuiiiiim Him
rosorvolrs, without first submitting
hucii prnpoxcu coniraci or nRrecmcni
to a vnto of tho nuallnnd electors of
this city at a general or spoclal elec
tion called for that purpoio. ami unless
a majority or nld electors, voting nt
said election, shall voto thorefor. a
provided elsowherc In this charter for
the acquisition of public utilities. Pro
vided, that nothing heroin contained
shall bo so construed as to provont
tho city from selling to nny consumer
water for powor, domestic or public
uses, or power manufactured from
works, heating works, telephone linos, eastern newspaper devoted to financial
street railways, bridges and ferrlos, I matters. They shall bo sold under
anu Bi cn omer puonc utilities as tno sealed proposals, nnd tho council shall
council may designate; proviucu, now- imvo tho right to reject any or all bids
over, save as othorwlse provided in mndo for tho purposo thereof. Tho
this charter, no contract or agreement proceeds of such salo shall bo placed
for the purchase, condemnation, own- n the treasury to the credit of tho
ershlp, construction or operation by proper fund, and shall bo annlled ex-
I Moore & Anderson
St. Johns Park
Paper Hanging
D. S. Southmayd,
Fine and Complete Line of Wall
Paper Carried In Stock. Latest
near veneer factort
OREGON wnor ,,non terms opon to all con
mil vi n
Enumeration of Powers Not to Limit
General Qrant.
Section 73. The foregoing or othor
enumeration of particular powors
granted to tho council In this charter
shall not be construed to Impair any
general grant or power horoin con
talned, nor to limit any such general
grant to powers of tho samo class or
classes ns those so enumerated.
Public Utilities and Franchises,
(Public Utilities.)
Section 74.
Definition of Street at Used In this
1. The term "stroot," ns used in
this section, shall bo construed to in
clude nny streot. nvonuo. boulevard.
alloy, inno, bridge, bicycle path, road
or public thoroughfare, and any land
over which any right of way has been
obtained, or granted, for any purpose
K . AM.K KLKflTRlfi M of public travel.
tuutuisuu UUUV1HIV VI V I Public L
Public Utilities Acquired by Vote of
2. The council of St. Johns shall at
all tlmoa, under the limitations herein
sot out, have power to provide by ordi
nance for lighting the streets and all
nnhllft nlnros In thn rltv nnri furnish.
roll I4u. ot EJ.cUle! Ooodi u stock Ing water to the inhabitants thereof;
to provide for tho acquisition, owner
bIiId. construction and maintenance of
AU Work Ottrnta water works, gas works, electric Hitht
IT. mn, ouoov works, steam, water or electric power
ElicUlc Mi Hoqm Bolls a
Soctot Alimi Iiuullo
tho city of any public utility shall bo
entered into by tho council without
first submitting such proposed con
tract or agreement to tho qualified
voters of the city, In nccordanco with
tho provisions ot this article.
Council to Formulate Proposition to be
Submitted to Electors.
3. Whenever tho council shall deem
It to bo for tho best Interests of the
city to acnulro any public utility, na
enumerated In tho preceding para
graph, It shall formulnto and submit
to tho electors of tho city, nt a special
or regular city election, propositions
for tho acquisition nnd ownership
Council Must Solicit and Consider Of
fers for Sale to City of Existing
4. Ucforo submitting propositions
to tho electors for tho acquisition by
original construction, purchaso of con
demnation of public utilities or 111(0
character, tho council must solicit nnd
consider offers for tho sale to tho city
of existing utilities In order that tho
electors shall havo tho benefit of nc-
quiring tho samo at the lowest possi
ble cost thereof.
Proposition Submitted to Electors.
5. In case tho cost of any public
utility sought to bo acquired under tho
provisions ot this article can bo paid
out of tho annual of tho city,
In addition lo tho pnymcnt of tho
othor necessnry opcndllnroa thereof,
It shnll bo lawful to acqulru tho samo
nt any time after nn election nt which
a majority voto of tho electors voting
thereon shnll havo been cast In favor
of such ncqulsltlon. In submitting
propositions to tho electors for such
acquisition, tho council shnll specify
In such proposition tho cost or tho
mibllo utility, tho proposed method
nnd manner of payment therefor, nnd
submit, to the electors tho question
whether tho samo shnll bo acquired
unon such terms. In case, however,
tho cnit of such utility sought' to bo
acquired under tho provisions of this
charter uhall so far exceed tho annual
revenues of tho city, In addition to tho
payment of tho other necessary ex
penditures thereof, ns to render It
necessary to Incur n municipal bonded
Indebtedness for such prupose. then
tho council, In submitting propositions
o tho electors for tho acquisition
thereof, shnll specify therein tho
amount of tho proposed bonded In-
dohtcdncis, tho rnto of interest there
on, nnd whether such bonded Indebted
ness shnll bo Incurred. At least two
thirds of tho electors voting thereon
nt such election shnll bo necossnry to
ecuro such ncquultlon and lo warrant
thi Isnuanco of municipal bonds there
for, ns hereinafter set forth. If nny
uich proposition submitted to tho
electors iccolvos tho nocensory two
thirds of tho electors voting thorcon,
In favor of tho acquisition or tho pub
lie utility considered, tho voto thereon
shnll uo (alien nnd considered ns fa
vorlug, approving nnd nuthorlxlng tho
Incurring or tho debt necessitated
thereby, nnd ns nuthorlxlng (ho Issuu
nnd salo of bonds therefor.
Limitations on Indebtedness of Acquir
ing. Public utility.
0. No Indohlcduc shnll bo In
curred for tho acquisition of nny pub
lic utility undor tho provisions of this
cliarfr which, tonothor with tho ox
IMIng bonded Indebtedness of tho city,
vhall exceed nt any tlino 10 p'ir centum
of tho nssossod vnluo of all renl nnd
personnl property In tho city, hut In
intimating mich bondod Indebtedness
nil bonds given for tho ncqulsltlon or
construction of public properties nnd
utilities from which tho earnings have
been sulllclcnt for nt lenst three years
to pay tho running expenses thereof,
tho Interest on tho bonds Issued thore
for. nnd front which n sum ot money
equal to nt lenst one por centum of
tho bond debt created therefor hid
been deposited for each of said years,
cluslvely to tho purposes and objects
mentioned In tho ordlnnnco authoriz
ing their Issue until such objects nro
fully accomplished, after which, If any
surplus remains, such surplus shall
bo transferred to tho sinking fund for
tho payment of such bonds.
Bonds Signature Coupons Number
ing. 8. Such bonds shnll bo signed by
the mayor nnd recorder undor tho scnl
of St. Johns, with Interest coupons nt
tnehed thereto with tho slgnnturo of
tho mayor engraved thorcon,
Council to Levy Tax to Pay Interest.
0. If the bonds Issued for such un
dertaking and the Interest thereon nro
not payable exclusively from tho ro
celpts of such undertaking, then nt tho
time of the levying of tho municipal
tax, and In thn manner provided for
Btich tnx levy, If tho receipts from said
public property or utility bo Inruniclcnt
to moot the Interest mnturlng thereon
over and nbovo nil operating expenses
nnd expenses of mnlntonnnco nnd re-
nownls, then tho council shnll low and
collect nnnunlly n tnx sulllclcnt to pay
the annual interest on such bonds
such grant shall mako adequate pro
vision by way of forfeiture of tho
grant, or otherwise for tho effectual
securing of efficient servlco nnd for
tho continued maintenance of tho
property in good order and repair
throughout tho cntiro term of tho
Power to Operate Plant, If Acquired
To Sell or Lease New Franchise
In Lieu of Expiring Franchise
Valuation of Plant to be Fixed by
4. If by virtue of tho terms of nny
grant or franchise, nnd as set out In
this section, any plant or property shall
becomo tho property ot St. Johns, tho
city shnll havo the option nt nny tlmo
then or thereafter, either to tako and
opcrnto tho samo tin Its own accoutU
or to lcaso tho same, or any part
thereof, together with tho franchise
or right to uso tho highways, avenues,
streets, lanes and alleys or othor nub
ile property In connection therewith
for periods not exceeding twenty-flvo
years undor such rules nnd regula
tions as It mny prescribe, or to sell
tho samo to tho highest bidder nt
public sale.
Ordinance Embodying Franchise to be
B. Ucforo nny grant of nny fran
chise or right to uso nny highway,
avenue, street, Inno or nlley or other
public property, either on, nbovo or
below tho surface of tho same, shnll
Such taxes shnll bo In addition to nil i,. n.i., n.n .,nninn'
other inxes lov 1 for municipal pur- B)m 10 embodied In tho form of nu
poses, nt.d sin I bo collected at tho ordlnnnco. with nil tho terms and con-
same tlmo nnd In tho samo manner ns ,ltlotH. Including nil provisions ns to
other municipal taxes arc collected. ,ir. nrcH n.i chnra,.,,. if nMv. which
Penalty for Refusal of Council to Com- proposed ordlnnnco shall bo published
,np y-T . "wlt"' , , In full at the expense of tho nnpllcnift
10. Neglect or refusal on Iho part f,. n. rimmM n tn.i.t ii. n in nrrt
..f .1... II , I i.i. I V ......, ........
inu i" yu "i y w in mo pro- cny ofllclnl newspaper. Such publlca-
visions of t his article shall constitute- ,ol, 8mn ln(0 pnco ,, i,0 completed
cause for tho removnl from ofllco ot not CSB ,mn twnty nor morn thnu
nny member or members of the conn- nclv ,jnyil ,oforo ,ho tlnnl passage
ell guilty of such neglect 6r refusal. f and, ordinance, nnd such crdlnnnro
ti rnncnises) rMnU requlro for Its pnsBngo tho nf-
,.i..oc . . - . . flrnintlvo voto of :tt lenst two-thlrdo of
Title of City to Property Sale and ,, members of tho council, as Miowit
, .ii. ,A. . , . . . 1110 "Jcas" and "nnys." nnd tho
1. Tho title- of St. Johns In and to npprovnl of tho mayor, beforo It shnll
nil water front, wharf property, land, bo vnlld for nny purposo; but In ense
uider water, public landings, whnrvos, ,,0 mayor should veto nny such ordl-
docks, forr os, highways, bridges, nvo- minco u Cnn only ho pnsed ovor such
iiucs, ttrocts, alleys, lanes, parks, and vote by n four-nuhs voto of toll tho
nil other public places, nnd llko prop- n.nmbors of said cout.cll. In which case
er y thnt It now owns or mny hero- (10 muna shall bo valid without tho
after ncqulro, Is hereby dec larcd to bo mayor'a approval from nnd nftor such
nnllennb o except ns Is otherwlso In passage. No nmendmonts to nny frail-
th s charter provided, but tho city may chlvo after publication shnll bo vail.
sell nny building or pnrce of land mi1cB tho ordlnnnco as amended shall
owned by It, which mny not bo needed ,. republished In llko manner nnd for
for public uso. Such salo shall bo i(0 tlmo as tho orlglnnl.
mado by tho mayor In his discretion No Pranehlse to be Qranted Within
when thereto nuthorliod by ordlnnnco sixty Days of Introduction of Or-
passed by n voto of nt lenst two-thirds ,i ,. i,
of nil members of tho council nnd np- Used Within One Year.
proven ity tho mayor, but shall bo a. No ordlnnnco for n urant of any
mndo only nt public miction. Tho franchise shall bo put on Its final pasi
nmyor may rent nny of such property gi within sixty days of Its Introduc
not needed for public purposes for n tlon, nnd no frnnchlso shall bo granted
orm not exceeding flvo years, but no which shall not by Its terms gc Into
lenso of nny such property shall bo' offer.t within ono year nftor Its pass
made for a longer period than flvo nge
years, except as horcln expressly pro- Holder or Orantee of Franchise to
X i . . , . . Keep Dooks and Make Reports to
0rnt,m F"chlefc Form of Orant. Auditor Penalty for Failure.
2. Tho council may, subject to tho 7. nvcry Krnnteo or holder of n
I mitations nml conditions contained In frnnchlso frcm tho city rendering sor-
this chnrtor, grant for a limited tlmo vice to bo pnld for wholly or In part
specific franchises or rights In or to in- iiin nui. nr onrii ,,ni .i.nii inm
nny of tho public property or places f,,) and correct boohs rf account nun
meimoneu 111 iiiu preceding sections. ,lln(0 Bnlo, quarterly reports In writ
hvory such grant shall specifically sot K to tho recordor, which shnll con-
forth nnd doflllO tllO nature, extent lulu nn .imirnln Hlnlnmmil In uimi.
nnd duration of tho fmnchlno or right mnrlxed form, us well ns In dotnll, of
thereby granted, nml no frnnchlso or nil receipts from nil sourco.i nnd nil
r Km ki mi mn 11, imp icnuun. Ai nu expenditures rrom nil purposes, to
tlmcs tho powor nnd right rensonnblv Ifoiher with n full HtnirniKiit r.t nil .r.
to regulato In tho public Interest tho sets and debts, ns well as such other
exerclso of tho frnnchlso or right so information ns to iho cotts and profits
granted shnll romaln nnd bo vested In of said sorvlco, and tho flnnnclnl con-
tho Council, Pllll Hnid power mid right Dillon nf.miph rnrtr.n nn tin. rnrnnln;-
cannot bo dlvestod or grnnlod. imy rooulro. nnd tho recordor may in-
Duration of Franchlso and Compenta- fpPCt or oxnmlno, or cnuso to bo in-
tion mereror terms or urant npectod or oxnmlncd, nt nil reason
City Empowered to Acquire Plant nblo hours, nny nnd nil books of nc
- 01.Pro,Prty . . . count nnd vouchors of such grnntoe.
3. No frnnchlso. lenSO or right to Such 'linnlm nf nrom-nt nlmll lm Irnnf
uso tho water front, ferries, whnrf and such rennrtu mndo In nrrfirilniir.i
proporty, land undor water, publlo with forms nnd methods proscrlbeil bv
landings, wharves, docks, highways, (ho recordor. nnd. so far ns prnctlc.V
brldBCH, avonuos, ctroots, alloys, lane, bio. shall bo uniform for nil nrnnteea
pnrlfa or any other publlo plncos. land holders of franchises. Uvory fall
ollhor on, through, ncross, undor or nro or neclect on thn nnrt nf th
NVI IIVltfIIVI IU tV III VIM"! -I .m .... - - - i - - -
over 1110 samo, nor other franchise, ernnlnn or bolder nf n frnnnhtm nn.iv
said bonds, ilinll bo excludod, provided i 8h1nU. 1,0 Kntoil by tho city to any this charter to koop books of nrcount
1,... ...i.n.,n..n- .....1 tn,.n u..m. privnto corporation, nsnoclntlon or In-1 or in mnko rmmrm
utility or undertaking falls to produce MlJyMunl except ns In this charter Uhnll nuthorlxc tho city to dccloro n
than twonty-tlvo (25) yours. Uvory Taxation Requirements of All Fran-
grant of n frnnchlso shall fix tho chlies Street Repair,
amount nnd manner of payment of tho S, Kvory franchise granted undor
compensation to bo pnld by thu grantee this chnrtor shall bo taken nml deomod
for tho uso of tho samo, nnd no othor ns proporty nnd shnll bo subject to
compensation of any kind shall bo ox- taxation as proporty, Franchisor
acted for such use during tho llfo of granted to porsoni or corporations to
tho franchlso, but this provision shnll construct, maintain and opornto stroot
not oxompt tho grnnteo from nny law- rallwnys nnd other railways and tram-
ful taxation upon his or Its proporty, ways rhall provldo that tho grnnteo JT
nor frcm any licenses, charges or lm- tho frnnchlso. or hln nr u
positions not levied on account of such leprosontntlvos and successors, shnll
uso. Uvory grant of a franchise or koop thoo portions of tho atreots and
right and ovory contract therefor oilier public places occupied by said
mado or granted under tho provisions fctroot railways or nthnr -niiu,v n
of tills charter shall provldo tuat nt tramways In good repnlr nnd as ro-
the expiration of tho torrn or period quired by tho council, and that nil per
for which it Is mado or granted the sons or corporations to whom ran
city nt Its election, nnd upon pay- chlsos nro grnntod to lay down tracku
mont tnorefor of a fair valuation for street rnllwnva nr ntimr
thorcof, to lie niacio In tho manner pro- and their or Us roreiontntlvca or sue'
KtriSW ndnUko 0V0 to fran
tho salo and allotment thereof thnll ba iignlf thn nmimnv nn.i nin r ii.Lirnri nr ,hnrJiL 1...'..
,n0fUr?ae7nrrelldf!ng .. umntee In Its entire. nnd whVh may or malnia
.,f rBi" f,r ,ihe ,8m?.lle8t "o situated on. In. above or under tho Mho manner directed by ho counc
amounts and lowost denominations. Utrom nn.i ..i.i.iir, i,. ,i.i - n, ,i.i . ' ' : ""-c
Said bonds must bo payable on tho day nV Ticreof. and ised tn cnn nhm, 7' " J...LV.5,8
therewith, but In no case shall tho way or othor rallwnvs shnll .n
valuo of tho franchlso of tho grantco Mmcted, lying botween tho inlla of
nu ii'iiaiiivii-ii ur lunru unci nccouiH
In fixing such valuation of such grant
nnd contract In pursuance thereof may
provrno mat upon tho termination of
said franchlso, or right, granted by tho
elty, tho plant, as well as the property.
If nny, of the grantee situated on. in.
nbovo or under tho public places afore-
sain, ana usea in connection (herewith,
shall thereupon bo and become tho
property or the city without any com-
n sutnrlont rovenuo to pay all costs of
operation, nnd ndmlnlstratlou (lnlud
lug Intorost on the city bonds Issued
thorefor nml tho coat of Insurance
against loss by fire, accident and in
Juries to persons), and nn nnnunl
amount sufficient to pay nt or boforn
maturity all bonds Issued on account
of snld undertaking, all such bonds out
standing shall be Included in deter
mining the limitation of the city s
power to Incur Indebtedness.
Bond Istued Their Form How Sold
7. Tho bonds Issued undor tho pro
Islons of this section shnll bo payable
In gold coin of tho United States. Tho
bonds so Issued shall bo oxompt from
all taxation for municipal purposos.
and shall bo Issued in denominations
of not lots than ono hundred dollars
nor greater than one thousand dollars,
and at the place fixed therein, and with
interest at tho rate specrued thoroln
but such Interest shall not exceed six
per centum per annum, payablo annu
ity or temt annually, as the council
may determine. Such bonds, when Is
sued, may be sold by tho council from
tlmo to tlmo, as required, and In such
quantities as they may determine, but
the same must be sold for cash In gold
coin of the United States as aforesaid,
and to the highest bidder at not less
than par, after having been advertised
In at least one local newspaper and one J pensatlon to the granteo, and every
any track thorcof, and oxtondlng ono
iwv uiimme 01 men inns, nnd also tho
portions of the street lying between
any two tracks, and said grant or fran
chise shall also provldo that tho
grantco of the franchise or his or Its
asslgna and successois shall pay, prior
to the time of delinquency, any special
assessment for the tepalr or Improve
ment of any such portion of a street,
nndthat for a failure or rcfutal to
(I'coiluued uu ! 7)