.1
ST. JOHNS REVIEW
J
IT'S NOW UP TO YOU
To Mfccrltx for THIS Paper.
All tht ntwi walk It U ncwi U
our aaollo. Call In and enroll
GET IN THE HABIT
Of admlblnc In THIS Paper
and you'll nerer retrel IL n.
i tin at onca and keep rttht at It
iiniminiiiilna
Devoted (o (he Interests of the Peninsula, (he Manufacturing Center of (he Northwett
VOIy. 5
ST. JOHNS, OREGON, FRIDAY, NOVEMBER 20. 1908.
NO. a
HNloflPnl Society
MAEGLEY JUNCTION LIVELY
Good Work Being Done by the Progressive Club
DOINGS OF THE CITY COUNCIL
LICENSES MAY BE GRANTED
Such is the Opinion of City Attorney Collier After
a Careful Study of the Subject
Brings That Section to the Front
Wo had the pleasuro of making u.iountry 1b aondlnir out Its lltornturo
lfllt to tho Mncglcy Junction push, by tlio tons nnd the I'onlnsula linn
club Inst Friday night. Wo mot tliuro
a hard working, energetic body of
thoroughgoing business men nnd it
was 11 pleasure to llslcn to their de
liberations. They nro qulto proud of
their section of tho Peninsula nnd
Justly so, ns It Is very favorably lo
cated nt tho Junction of tho two
railroad with plenty of room to grow.
Wo boliovo It Is destined to become
n good Hlzcd llttlo city Itself until
Its confines blend Into one Urcnlcr
Portland,
Hut wo started to lull about till
club meeting. When they want any
thing, thoy go right after It with
good live cmnmltteo and nil tho
arguments they can bring to bear up
on the matter and have been most
universally successful. They wanted
tho passenger trnlus to stop there
and had been promised that 0110
train ettch way a day would stop at
Mncgloy, Thoy sent a committee to
tho general passenger department
and presented the matter In writing
Friday night a communication from
that office Informed them that all
passenger trains going In either
direction would stop at that station
At first It. was Intended to have
mndo n flag station of Mnegley
Junction with the omco out among
tho tracts, but another eonimlttco
mot tho operating department and
asked for nn agent to bo Installed by
t. o time tho trains wero put In oper
ation, nnd that a good, substantial
depot bo placed whor It would bo
c tuvoulent for tho people of St,
J lins to got at, nnd that It bo mndo
1 regular station. Thl was done and
tin agent was there Friday getting
his station ready to bo on hands to
Mil tickets for tho first train over
tho road which was on last Tuesday.
Thoy wni'tod hydrants put In down
Vnnllouton street, which has recent
ly been opened, graded nnd side
wtdked through their efforts. A com
mltteo to tho Portland Water offic
ials brought tho doslrod rosult and
tho hydrants nro now being put In.
Thoy wanted electric arc lights In
that district, three dlfforont potltlons
had hcon sout In which did no good.
A commlttoo of determined men went
over to tho big city, met tho proper
officials and wero told how It could
bo accomplished and last Friday night
thoy stratod tho movomont that will
Slvo thorn threo or four arc lights In
their neighborhood.
Thoy havo a commllteo for every
thing they deslro done. It Is tho
business of that committee to sco
that this object Ib accomplished. If
the committee can accomplish It
nlono, well and good, It not additions
aro mndo to tho commlttoo and If
thin does not bring tho desired rosult
tho oittlro club Is put on tho com
mltteo nnd It accomplishes tho pur
poso In almost every Instance
Ono of tho most Important ques
tion they huvo uu Just now Is tho
establishment of a flro hoso houso In
that part of tho city of Portland. Thoy
propose to build a houso 40x60 foot
and tho matter of location was
thoroughly discussed nt the meeting.
It was tho senso of tho meeting that
the house should bo built within u
block or at the most two blocks from
the Bchoolhouso, about half way be
tween University Park and Ports
mouth. Tho mattor was to be dis
cussed at tho University bourd of
trade Monday night of this week, "
(he club sent a committee of seven
representative mcmbors to that meet
ing to endeavor to secure tho loca
tion at that point. Tholr arguments
are unassailable from any point so
far aa wo can see. Tho Idea la to
have It located aa near aa possiolo to
the schoolhouse for tho protection
of tho children, believing that they
would thus serve better a larger
number of the people than In any
other way. Tho delay Incident to
bringing a hose cart all the way
from elthe University Park or
Portsmouth to the schoolhouse might
mean the death sometime of a large
number of the 500 or 600 little ones
who gather there. And again, If the
hoso house Is thus placed It could be
taken to Mnegley In case of a flro In
time to be of assistance there, while
If kept at University Park It would
not be able to get down there In
time to be of any service; but placed
nhout half way would serve both com
uiuultles equally well.
Our business there was to present
Peninsula booster, which was fav
orably ucelved by that body and
both financial and moral support waa
guau. teed. They believed that it
wai ore of the most needed things
vt the. day. Every ectIon of the
I
been Bending out prnctically none.
j aKen ns n wnoio tills club Is n
vlnlo, nsrcsslve, progressive set of
men, who know what thoy want nnd
how to get It. Among other things
tl.oy nro now after, Is tho opening
and Improvement of n number of
Mreets so as to make nccess to their
depot easy and convenient from both
sides of tho track, nnd thoy nro going
about It In that systematic and effec
tive way that tins brought them suc
cess In bo many Instances.
Tho members of tho club nro any
thing but narrow minded ns was
manifested Ly the spirit shown In
1 ho naming of their depot. It was
but natural that they should
their depot named after their t'.lstrlct
nnd havo It called Mnegley, but the
.alhuu.l compel y named It St. Johns,
tis it was tho nearest point at which
11 utulion for this city could bo plnced.
Tli'-ro was a llttlo murmuring nt
firm and 0110 of thf railroad offlclnls
told thei.: U send In n potltlon nnd
ho would si y to hut lug the unmo
dumped, hut when It unmo up for
ills ri.MOi. tho 1 ii'inl'fTfi reasoned It
out tint It would In but n few years
r-ntll Mnoglcj nnd St. Johns would
bo built up unth they wero ono any
wny, purhnps beforo Hint time they
wn, Id bo eonncc'od by trolley, that
tho luminous men of St. Johns would
foci that they wrc coming to their
own stntlou, nnd thnt It really mndo
no difference to their own community
whother tho Htntlon woh called 8t.
Johns or Maegley, as they had the
convoulonco of the service Just tho
snmo. Thereroro thoy allowed tlio
numo to remain tho samo nnd they
hnd already by potltlon nnd commit'
The City Dads Convene and Transact Their Usual Budget o
Municipal Business in a Satisfactory Manner
There wob llttlo to bi tl.it 0 nt tho
tcjotirncd meeting of th city coun
ell Thursday ovenln; of Inst week.
Tho matter of the Pittsburg fltreot
Improvement was not brought before
tho council becnuBu pnpcrB In tho
case wero not returned from down
tho river In time to bring beforo tho
council nnd tho matter will bo up on
tho next regulnr meeting night.
An ordlnnnco renaming portions
of several strcctB wns pimsed the
council nnd will be found elsewhere
In this Issue.
The t2d Houston of the city council
met In H o council Ui.'iiloi Tuendny
wn evening nil luembrca being present.
Petition to Improve Willamette
Louluvnrd by constructing n fi-foot
ce 1011I sidewalk along tho west sldo D. J. Ilorsiiinu, janitor.,
of said street from the southerly lino 1 St. Johns Water Co ....
loaves amount duo and pny- , Hoofing company nnd notify them
nblo to tho contractors ...... $.11 ir..GS,t lint their guarantee wns not satis
Tho rolllOllBtrnilil I whleli linn boon 1 .'netnrv In thn rnunrll.
prepnrlng against thn hnprovnientl Tho written opinion of City Attor
of South Jersey 8tt;t was presented ney Collier on tho liquor question
with nil tho necessary papers killing 1 which appears elsewhere In this Is
tho petition for six months,
Tho pnprrs In tho PlttBburg street
Improvement was presented but
lucked threo names of having the
proper number to mnku them effec
tlvo and the matter wns held over to
next week for tho rcmnlnlug fllgnn
lures.
Tho following bPIs with thnt of
tho dock contractors were allowed
nud ordered paid on motion of DiivIh:
St. Joints Lumber Co. . . . $
Hendricks Ilthvr Co. . . .
M. Kceney
ltlchmond street to the northerly
lino of Pierce street was accepted on
motion of Hunter. All yes.
The flreboys presented request to
use the council chnmber to entertain
their members nnd their families on
the evening of November tho S.I.
Ilequest wns granted on motion of
llonhnm. All yes.
Appllcntlou for liquor license by
Knight & (Hover for in West llur
liiiglt'ii mvi't'lcd .uu. plnced 011 fib
D. J Mossmnu, labor.
R. Wilcox coal etc
G. Wnrncrrockcrtihlicr..
Isaac linker labor
C. Port "
R. Hell "
II. Rnsimisscn
W. O.McKtiiney
A. C. Smith
R. M. lierlevv
Hert I lay tier
J. II. Poff engineer
L.Melmiis.rock crusher. .
the placing of hydrnnts at South Hit
more and West Charleston, North
lirndford and Pittsburg, Oswego and
Portlnml boulevard, Oswego nnd
Dayton.
Ed M. nnd A. It. Mendenhnll of
Portland presented 1111 for sorvlco
In. M10 piosL'cutlo.t of the Youngfor-
tee secured the location of tho depot ,jor enso when they claim thoy wero
on tho St. JoniiH sine or tno tract 'cnn.oycd by the city to assist city
bv motion of Davis.
' - . .... .
St Johns Water compnny reported J. A. Klley, wood
rrctl Drown labor
II. V. Hdwnrtls carpenter
:. I,. Nichols
J. I.otiKtui rodimin
JosJpli I'nqtictt, first pay
inent 011 dock
instead of out among tho switches as
had boon Intended.
In view of this spirit on tho part
of tlio "Mueglenns", nud tho fact
that wo earnestly hope thnt wo may
bo able at an onrly dato to Induce
tho Hill road to put n track to our
now city dock, wo bellvo It would bo
to the Interest of our morchauts and
tho city In general to patronlzo thnt
road at Maegley, or St. Johns station
as fur as possible.
Home Again
J, S. Donaldson, prosldont of the
Portland Collapslblo llox company re
turned from a trln of a month In
Southern Oregon and Call
fornla,, whero ho has been traveling
In tho Interests of his company. Mr.
li naldson reports having a flno trip,
W'ng go-.nl hiiHcii'Ks taking several
dors in en loin and evibllshlng a
local agent at OtVlnnd for handling
their r.ndi.itH in Pie territory south.
Mr. Donaldson says they havo had
flno weathet In California tho samo
ns wo havo hero and was surprised
to reach homo and not find It rain
ing. Tills company has boon doing
woll in spite of the hard times bo
cause they havo tho best thing In
tho shape of boxes and crates that
Ib mado. The collapsible feature and
tho manner of attaching tho dlfforont
parts of tho package make their
products tho most saleable ono could
Imagine, because of the length of life
of the packago and because of being
nblo to socuro tho maximum of
Ptrongth with tho minimum of weight
thus serving to minimize tho expense
of express and freight charges.
There has been a steady Increaso
In tho business of the Institution
and now they are obliged to put In
additional machinery in order to
handle the business. The latest ma
chine they Installed waa a cutoff saw
vl lch waa purchased after Mr. Don
aldson camo home. This will greatiy
facilitate the work of preparing the
material for the boxes and also
cheapen the first price of the same,
enabling them to purchase their lum
ber of any length and cut it to suit
tl")!r convenience.
B. C. Hurlbert Is showing hla
friends a samplo of his double
headed salt and pepper shaker done
in Ironstono china. It la a neat
article and will prove a money makei
when he gets them manufactured and
on the market. There will be a great
variety of styles of manufacture ap
that any one from the highest to the
lowest may find the kind suited to
his station in life. The convenience
of the Implement will Insure ita
ready Introduction In the cheaper
styles at least.
Attorney Oreo no. Hefcrrod tn tho
recorder to firi'lsli tecorda of tho
li v r I li'ti.
Tho city engineer reported on work
on now dock to November 10, ns fol
lows: 28.8S0 foot or piling driven and
cut off at 11. Co por foot t33.10.78
25,280 feet of lumber 477.70
37.0S
32.10
4.50
7.50
O3.OO
IO.I5
6.30
21. OO
I2.00
I2.00
12.25
6.00
I2.00
6.00
6.00
4-50
7.50
iS.OO
2.50
1.50
32.75
8.00
I2.00
3445.08
Totnt "u 53770.28
Itcsolutlon to Improve Willamette
boulevard was presented, rend and
nccopted on motion of llonhnm.
Tho Pnrnflno Hoofing Co. present
ed their guarantee for tho roof of
tho now city dock which stated thnt
thnt company would gunrnutoo their
roof to Inst ten years provided the
sue, was read and accepted 011 inoi.on
of Doble.
Wltullo brought up the petition of
ho cltlzoiiri which wan tabled sov
oral weeks ngo In regard to an effort
to securo n fu ferr nnd on motion
tho mayor ni'polnted a committee
consisting of Wliidlo, 1 ublo nnd John
ton to lutemov,- (lit ferry company
and uncertain thei. veiy best term
tt w of tl o ferry.
Tito mayor also appointed nn n
ominltteo to wait upon Kerr, Clifford
t Co. In regard to leasing tho city
dock, consisting of the following
louiiclhucii: Dnvls, Doble and Hun
lor.
Tho recorder reported a cominun
Initlon from the telephone company
expressing surprise that tho conn
ell should make nny objection to
their rates charged In St. Johns nnd
denying that tho hiiiiio had been
raised since the grunting of their
frunchlso. Tho recorder was liintruc
led to write tho telephone company
nud request them to send n sclieuulo
of tho rnto In usu ul tho tlmo tho
frnnehlito wns granted nud one In
vogue now, on motion of Dnvls,
The matter of tho two drinking
fountains ordered several months
ngo wns brought up and tho locution
of tho one thnt was left hi the city
hall could not be ascertained. One
.vus reported to bo hi tho depot of
the Suburban Express company. Tho
committee was Instructed to look the
mutter up.
llonhnm called the attention of
tho council to tho mutter of making
a uniform system of grndea for the
ontlro city riid suggested thnt just
now, when there Is extra help hi
tho engineer's office, would bo
good ('me to have this done. No
Total 3i28.B3
Loss 10 per cent retn.ned.... 382.83
t'ltv nt Kb nwn exnunsu would ulve ttctloil tltkoil.
the roor n coal of pnlnt nl tho end "avis culled iittention to 1110 con
of threo nnd nguln at the end of tho dltioii of the grade In lluchnnnn
Buventh yoar. On motion of Davit
the recorder was luitructod to return
the communication to tho Pnrnflno
fctrcot and desired that tho
committee exninlno tho sumo.
Adjourned.
street
St. Johns Makes a
Very Good Showing
In nddltlon to tho purchaso of a
complete street-making plant, con
slstlng of a rock crusher and a
steam roller, together with nn acre
and a half of rock for street pur
poses, at an cxpenso of over v.,
St. Johns IsbuoiI this yoar up to
November 1 building permits to tho
amount of $05,000. Tacoma, . hlladol
phla, Polk, Duchaiiun, Bust lllchmoni
Oswego, North Hayes, Salem and
Crawford streets have been graded
wholly or In part this yonr at nn ag
gregate cost to tho propertyownora
of ovor 125,000 while surveys for con
templated Improvements havo been
Piked for and grantod on East llur
llngton, I (art man, Ollbert, Thompson,
Pittsburg, South Jorsoy, Montolth,
Fesseiiden, Alleghony, Edison and
Lehigh streets, Portland lloulovard
nnd Willis Boulevard. Tlieso Im
provements, when completed will cost
between f 40,000 and $ 60,000, and
will add mnny times tholr cost to
the value of the property assessed.
Street work, in addition to tho en
gineering work on tho city dock, haa
so crowed tho City Engineer's office
that ho has boen allowed an assistant
In order to bo able tr keep up wlfi
the demands on his offlco.
While the necessary expenses of
the city have been high and the re
funding of over $3000 in saloon li
censes, mado necessary by the voting
out of the saloons last July, haB cut
down tho city's cash account, there
is still plenty of money In tho Treas-
i.rer's office to meet all demands un-
next year's taxes are available,
and all things point to a 5-mill levy
for city revenue for tho coming year.
This Is one-half mill higher than'
thorp Is now 11 full board In office.
Tin totifst has been caused by a
differ nu t hi opinion ns to the prop
er porsou to fill tho offlco or District
Superintendent. Ono faction tlilnkJ
an oxtra mini should ho employod
especially for the work; a qualified
111011 would cost tho district $ltU0
Another Big Sawmill
Near Our Back Door
Another big enterprise Is being
.. ... a. ll. .....I . O. fnl...ii l.n..l
pet yonr. J 110 otner taction oonoves , muucuvu rigm i oi.
iim rniMunrv wnrir run lm dono bv ' door. The lonso for tho ground, SO
cither of tho principals
with vory
much less oxpoudlturo. Thoro Is also
a dlfferonco of opinion ns to who
shall ho school clerk, ono faction fav
trlng tho Incumbent, J. B, Tnnch,
while tho other fuvora W. U Church
ill Thus Mr. Hendricks holdB tho
bnlniico of power botwoen tho two
factions, and thero is much interost
as to whom he will favor,
Tho now clerk and superintendent
vlll bo elocted nt spoclnl ineellim
to bo hold noxt week. -Evening Telegram.
A Good Selection
Tlio school board at their mooting
lout week elected Mr. J. P. Hendricks
dlro. or In placo of Mr, Weeks, do-
censed. Tho selection was a good
one, wo boliovo, for Mr Hendricks Is
a sound, solid, souslblo business man
and will do what ho bolluves to be
the very best for tho pupils of our
public schools, wo aro suro, and we
congrutulate the bouid on their so
Uctloit. Tho board also elected Mr.
W. B. Ashby as truant offh:r, and
wn bellovo this to be nuolhor feood
selection. The boys must need bo
good now, and no going fishing dur
lug srhoc! hour.
Tho average death rato for the
United States for children ono year
old and under Is ICS per cent, for
Portland It la 0.27 porcent. If this
rnunirv la tin ffivnr&bln tn thn !lfft of
tl.lt year's levy. All the street irn-Jthe jnfant8 jt should be and Is tho
piovement bonds Issued under tho BanJ0 for a(jujtB( but tho records do
bonding act have been sold, and UQl Bnow for tho rea80n that so
there is money on hand to meet tho nany invalids como horo to benefit
fmv street warrcnts outstanding. th , heaith too lato. and their deaths
I'M. St. JohnB School Board, after increase tho death rato out of pro-
u prolonged contest, which has hero-' portion to tho natural ratio. If tho
tofore resulted each time In a tie deaths of only natives were taKen
vute of two and two, has at last to account It would hardly be ap-
elected J. P. Hendricks as the fifth proclable for us old mossbacks just
director, to servo flvo years, and dry up n the summer and blow away
acres, bulonglng to tho Swift peoplo
was signed up November 12 by L. W
Davld, a saw mill operator and C.C.
Colt, manager of tho Uulon Meat
company,
Tho tract of laud Ilea Just north
t.f tho town of Kenton on the Swift
tract nud the lease calls for a rental
of 11800 a month for tho term of 20
yearn, It Is tho Intention to begin
work 011 tho construction of tho big
mill at ouco nud when In operation
will cut ir.0,000 feet per day and will
havo other mills hi connection for
the manufacture of tilths, shingles
and boxes. This Institution will glvo
omployonient to from 100 to 60U men.
Tho lossoo, Mr. David, Is an old
suw mill man, has had oxtenslvu In
terests at Everett and Anucortea
vhlch ho has Just sold for 2,000,000
nnd will expend this In developing
tho lumber Interests of the lower
Columbia, Ho has selected u most
favorable location for his mill aa tho
Oregon slough has boen dredgod so
thnt tho deep sou vessels may load
ut his docks, and tho packing com
pany will undoubtedly bo a heavy
user of tho products of his box fac
tory. Whllo we would have boon glai
to havo this mill located on our
waterfront, wo ari very glad Indeed
Ihnt It Is to bo our neighbor for
every Institution of this kind Install
ed on tho Peninsula but adds to tho
vnluo and Important of St. Johns
an well
Tho Congregational church on Mis
sissippi uve. has sold Its building and
purchased property on tho corner of
property on the corner of Shaver ant'
Missouri avenue and are erecting an
elegant church building which will
cost them about I'JOOO or 10,000. Tin
building Is about enclosed nnd tho
work of finishing has begun. Tho
Congregational peoplo will hold n ba
zar at Mississippi avenue hall tonight
for tho bonoflt of tho church.
To tho llonornblo Mayor nnd Com
mon Council of the City of St. Johns:
(Jcntlenieii:
On tho 3rd dny of November.lOOS,
you requested of mo nn opinion In
writing, stating whether or not tho
City of St. Johns could legally grant
to c rtnln persons who luivo mndo
iipplltution therefor, n license to sell
Intoxicating liquors.
In order to answer this question
li Is ncccBsnry to exninlno certain
ictments of our legislature
d'-i med applicable to tlio Inquiry.
In Juno, 1001, what Is known ns
the locnl option law went Into effect
In this Htnte, which Inw gavo tho
peoplo In counties, subdivisions or
pr'clncts to say by their voto wheth
or not Intoxicating llquorn could
be sold or disposed of hi certain
PH'crihed territory thnt whould bo
voice" on.
"Tho leglslntlvo nsHcmbly, when
not Interdicted by nmendmentN to tho
ctgnnlc Inw of tho stnte, Is n law
making body of coordinate authority
wlh tho peoplo when tho latter ex
erclso the Initiative power which
they luivo reserved. The leglsliiluro
evidently reached this conclusion, ut
the next session nfter the enact
iiieiil of tho locnl law, granted to
evernl municipalities ehnrters con
taining clauses which were evident
Intended to exempt certain mini
IcipilltlcH frohi tho operation of the
piovlslons of the local option enact
ment." J, C. Hull, respondent vn,
tleo. W. Dunn, County Judge of Jack
son County nl nl, filed October 27.
PiOl.
ihu legisinturo in that year
adopted charters for tho City of
St. Johns, City of Medford, Bittncudii,
nud Condon.
Tho Provisions of tho Medford
charter gavo tho city tho right to II'
cense, tax, regulate or prohibit splr
Hons, mult or vinous llquorH Irres
pectlvo of nny general law of the
statu 011 this subject, "Irrespective
of any general Inw of tho atnto on
thin subject enacted by tho legisla
ture or the peoplo at largo,"
Tho charter of Condon provides,
N'o provision of tho law concerning
tho sale or disposition of any splr
ItoiiH, vinous, fermented or malt liq
uors hi CI I II 1 11111 county or nny law of
ho state now or hereiifler enacted
shiill apply to tho sale or disposition
of tho siiiuo In the city of Condon."
The Estucadn charter provided,
Tlio said law of Oregon relating to
licenses for mile of splrltous, vluoiii
or malt liquors shall not he hi forco
It tho limits of said city."
Tho SupiPinu Court, held hi tho
Medford cuse above named, such ucU
of legislatures would repeiil tho lo
cal option law, In so fur ns tho
cities naiped wero concerned, That
the ndoptloiiH of these charters
ere special law and repealed or
circumscribed tho local option Inw
hlch was a general law hi Ita ap-
Mention to snld places.
The samo legislature 011 Janiuiry
Oth, l'JOS adopted a charter for the
city of St. Johns. Tho St. Johns char
tcr granted to tho city a right to
regulate und restrain barrooms, sa
loon kcopors dealers hi nud manu
facturers of splrltous, vinous, fer
mented or mult liquors, and the
sulo nud disposal thereof,, ..but pro-
hied, "No provision of tho law con
cerning tho stile or disposition of any
splrltous, fermented or mult liquors
In .Mulliionin). ci'iiuy hhnll apply to
the alu or dlbpoKltlou of the samo
11 th city t f 1U. Johns. Section CO,
ago 25, H'th-dlvlslon 4G, charter of
ltH'5. That Is to suy, that no law In
.0 tato of Oregon, either genoru!
or special concerning tho sale or ills-
tltlon of nny splrltous, vinous, for-
ented or mult liquors which regu-
late tho disposition or tho sale of the
sumo hi Multnomah county ahull not
apply to tho city of St. Johns.
"It Is qulto probable that the ut-
tompt thus to exempt tho cities of
inidoii, I.'Btacada and Medford from
the provisions of tho local option luw
ud to prevent any further encroach
ment thereon, Impelled tho amend
ment of Section 2, Article 11 of the
organic law of tho Stato so aa to
prohibit the legislative assembly from
ncrouchlng, amending or repealing
any other charter and ulso Induce
tho granting of such power to the
legal voters of every city and town,
by limiting the authority In such en
actments as might coutraveiio tho
constitution or sub-vert tho criminal
law of the stato." Tho local option
liquor enactment has been hold to bo
criminal law, tho provisions of which
cannot bo vlolutod by the electora of
municipality In legislating In ro-
spoct to n city charter. J. C. Hnll,
respondent vs. doorgo W, Dunn,
County Judge of Jackson county,
filed October 27, 1008.
Subsequent to snld constitutional
amendment tho city of St. Johim
under nnd by virtue of said amend
ment did on the Cth dny of January,
1U0S, adopt our present chnrter.
Sub division 15 of Section CD, page
Into the chnrter of 1S, Bub-dlvlslon
Into tho chnrter of ltiUu, sub-dlvislou
in, Section GS, Pago 21, nnd the
chnrter of 1008 contains Identically
the samo provisions rclntlvo to tho
disposition of Intoxicating llquora
ihnt wns contained In the I'.tO." chnr
tur .
And ns such contravenes tho con
rtlliitlou of thu Hlato nud aubvertn
tho locnl option Inw If It can ho hiiIiI
that thnt portion of our chnrter last
referred to was enacted nnd beenmo
a Inw nt the time of the adoption of
of our present chnrter.
The title of our present charter Is
"An Act to Incorporate the City of St
Johns, Multnomah county, Stnto of
ti.tgou, nud to provide n chnrter
thficfor, nnd to repeal nit acta or
pnrtH of acta In conflict therewith."
Mr, Justice lleiiu hi discussing the
legal principals hero Involved stutes,
Thu rule Is, thnt where n section
of tho statute la amended so ns to
'read as follows'jaiul thu section Is
then set forth with the ctuiugcH hi
tended to ho made, those portions
of the old section thnt nro merely
copied Into the amendment without
chungo 1110 not to bo construed ns
ro-onncteil or as u new statement of
tho law, but aro to bo rend us n purl
of tho earllir statute, If In conflict.
with another luw paused after the
section amended nud beforo tho
nniuudittory net, unless there Is a
clear manifestation of tuo leglslntlvo
Intention to thu contrary. In tho lib
sconce of such nn Intention, it Is thu
changes or iiddltlons Incorporated In
the section amended only that nro to
ho considered unacted." Allison vs.
Mutton, IC Ore. 370. Ituiishaw vs.
I.nno County Court, ID Oregon, 1'ngu
fi2U, and cited with approval in tho
Medford case.
"Where ti statute Is ropimled and
Ilk provlslona uro nt the snmo thnu
o-eiinctud by the repealing net, the
effect, according to tho great weight
of niithorlty, Is that tho earlier
statute Is not In fact repealed, hut
Ita provisions continue In acllvo opur
utluu so that all rlghtH nud llubllltlca
iiciirred thereunder nro preserved
umI may be eiifore.it nud In some
jui'IkJicIIoiis this Is tho rulu by
btf.ti.to. Am, Bug, Biic, of law, 2nd
Mltlon, pngo 7'.8-0.
Th'd rule Una been adopted by u
urgo ui'ilcilt) of tho Hipieii.u Courts
of tho dlffuiuut stiilcH nud la ulso
luld down ui thu rulu by Suuthur
luud 011 Statutory Construction,
Applying this principal, 1 therefor
oiicludo that the charter of tho city
of St Johns adopted by the leglsln-
turu of l'JOS repealed the local option
luw, In so fur 11s the city of St. Johns
la concerned, Thnt the charter of
008 did not umuiid or change suuh
provlslona nud wua not u re-onnet-
iiieut of the 1005 provisions but wua
a continuation thereof und thereby
resurved to the city of St. Johns nil
right which It would huvo had, had
the 1008 ehurter not beon adopted
and for that reason does not con
flict with tho constitutional umuiid-
iiiouta of lOOC, und that the council
of tho city of St. Johna may If they
doom It expedient, Issua licenses
for sale or intoxicating liquors hi the
city or St. Johns, I will cay, how.
ever, that such a llcouso could not
bu granted while ordinance No, 183
continues to bo uu ordinance or said
city.
Itespcctfully submitted,
H. B. Collier,
City Attorney.
Up to the Council
Editor Itevlow: Why la it that
somo individual with an eye to ux
cluslvouesa and an oar to the ground
for a few uhecklos, does not urge thu
common council to pus an ordinance
requiring bill distributors to puy 11
license and bo privileged to havo
tho exclusive business of distributing
circulars and handbills hi tho city of
St. Johns? Thon If Portland firms
doalred circulars distributed hi St,
Johns, thoy would have to pay a St,
Johns man to do tho work Just tho
snmo as a St. Johns firm would huvo
to do ir thoy wanted bills distributed
hi Portland. A Citizen.
s
!
1