UKEGOtf .CITY ENTERPRISE, FRIDAY, NOVEMBER 17, 1905. 10 VETOES FRANCHISE MAYOR SOMMER RETURNS ORDI NANCE WITHOUT APPROVAL. Oregon Water Power & Railway Com pany May Not Get 35-Year Freight Privilege. j Tuesday afternoon Mayor E. A. Som- mer vetoed the Oregon Water Power i & Railway Company's 35-year freight ! franchise ordinance that he had under i consideration for ten days. The ordi ! nance together with the Mayor's veto I message, was filed with Recorder Dim ! ick late Tuesday afternoon, i In vetoing the ordinance. Mayor 1 Sommer returned to the Council the following message: ; To the Honorable Council of Oregon ! City: ; Gentlemen: In the early portion of J my administration as Mayor of Oregon ! City, a request was made by the Ore- gon Water Power and Railway Com i pany for a new franchise upon Main ' street which would include the right to operate passenger, freight and ex j press cars upon said Main street with 1 out restriction as to time or manner of I operation. This request was made in ; view of the proposed extension 'of the i lines oi tne Oregon w aier rower aim , : Railway Company through Oregon i City and into the southeastern portion ! of Clackamas County. At the time i ; said request was presented, tne senii - ment of your body was opposed to granting a franchise conferring unre stricted traffic privileges to the said company upon Main street, and in ac cordance with the will of the people of Oregon City assembled in mass, a committee of citizens was appointed to endeavor to frame a franchise ordi nance that would at once satisfy the requirements of the company and also protect the interests of Oregon City. I am advised that this committee met several times but failed to effect any agreement with the railroad company and nade a report to the Council ol Oregon .City to that effect. Subse quently a resolution was introduced in the council directing the Mayor to ap point a committee of three members of the council together with the Mayor and City Attorney to meet with the officials of the Railroad Company and enaeavor to rrame a rrancmse tnat would protect the interests of Oregon , City and at the same time grant to the railroad company such rights and privileges as would permit the exten sion of its lines and thereby promote the development of Oregon City and also the portion of Clackamas County lying south and east of Oregon City. Pursuant to this resolution I appoint ed as members of the said committee Councilmen R. Koerner, Wm. Sheahan and H. E. Straight to act with the City Attorney, Franklin T. Griffith and my self as the representatives of the coun cil. The committee organized and care fully and conscientiously discharged the duty imposed upon it. The com mittee first considered the several ex isting franchises in favor of the rail road company which are as follows: Ordinance No. 139, which was ap proved July 11, 1892, a grant to the East Side Railway Company, its suc cessors and assigns, the right to lay down, maintain and operate upon Main street from Third street to the northerly limits of the city, either a single or double track railway with the necessary turnouts and turn-tables. This ordinance provided that the railroad should be operated by animal, cable or electric power and should continue in force for a term of fifty years and that after the first ten years there should be paid to Ore gon City an annual license of $100.00 for each of the remaining forty years. Such license to be paid on the first of January of each year, t rdlsftaCe No. 201, approved June "54, 1897. which granted to the East Side Railway Company the right and privilege to operate an express car on Main street for the term of ten years from June 1, 1897. Ordinance No. 241, passed August 17, 1899, whereby there was granted to G. C. Fields, his heirs and assigns, the right to layNlown, maintain and operate a railway upon Main street from Third street southerly along and upon Main street and over and upon the road on the easterly side of the basin to the southern boundary of the city, together with necessary turnouts, turn-tables and switches. This fran chise provides for an annual license fee of $50.00 per annum and- expires August 17, 1929. Ordinance No. 274, approved Novem ber 10. 1902, granting to the Oregon Water Power and Railway Company, its successors and assigns, the right to lay down, maintain and operate rail way tracks on Third street and also the right to operate express and freight cars upon Main street and Third street and allowing one round trip of not exceeding three attached cars between 7 A. M. and noon of each day and one round trip of three at tached cars between 12 o'clock noon and 7 :00 o'clock P. M. of said day and also granting the right to operate ex press and freight cars as often as the company may desire between 9:00 o'clock P. M. and seven o'clock A. M. This franchise expires November 10 1912," and provides for an annual li cense fee of $400 during the first five years and $500 per annum during the last are years. At the outset of the committee's ne gotiations it was confronted with the fact that the railroad company now holds a passenger franchise which has yet 37 years to run and for which the company is required to pay an annual license fee of only $100.00 during the entire term. Under this long term franchise the company has the right to lay an additional track on Main street together with necessary turn outs, turn-tables and switches and it seemed desirable to the committee that the right to lay a second track should be surrendered and that it would be to the advantage of the city to have only a single track placed in the center of the street and also that the location of switches and turnouts should be definitely fixed so as not to interfere with the use of the street. .. Under the freight car franchise now held by the company. It has the rignt to oDerate two trains of freight cars daily and an unlimited number of NATURE'S ESSENCE Extracted from the Roots of Native, Forest Plants. Go Straight Back to Nature for Your Health. There is Your Strength. Consider your body as an engine which supplies you with all activity of mind and body. Keep the machinery well oiled and it runs smoothly. It does not groan in doing ita work.. But let the stomach, which is the fire-box fcr the human eneine. eet "out of kil- ' ter" and. we soon meet with disaster. The products of undigested ana ae eomposing food is poison to the system. Wo rtr r.r.t liv on what we eat but on what wo digest, assnnMate, and take np in the blood. The Diooa in turn feeds the nerves, the heart, and the whole ss'stisrr., and all goes woll with us if the. blood b'- kept purt- nnd rich. If not, then the liei', wi-L-li is tlie human filter within us, gets clogged up and poisons accumulate in the body from over-eating, over-drinking, or hurriedly doing both. The smash -up occurs when the blood is poisoned by the stomach and liver being unable to take care of the over-load I The red flag of danger is thrown out in the shape of eruptions on the skin, or in nervous ness and sleeplessness, the sufferer be coming blue, despondent and irritable, because the nerves lack nourishment and are starved. Nature's laws are perfect if only we obey them, but disease follows dis obedience. Go straight to Nature for the cure, to the forest ; there are mys teries there, some of which we can thmfor yOU. Take the bark of the "S"" . "L Mojroi,0 n LZ Rirnnt Stone root, Queen's root, Bloodroot and Golden Seal root, make a scien tific. Glvceric extract of them, with just the right proportions, and you have Jr. Pierce's Golden Medical Discovery. It took Dr. Pierce, with the assist ance of two learned chemists and phar macists, many months of hard work experimenting to perfect this vegetable alterative and tonic extract of the great est efficiency. To make rich, red blood, to properly nourish the nerves and the whole body, and cure that lassitude and feeling of weakness and nerve exhaustion, take Dr. Pierce's Golden Medical Discovery. It bears the badge of honesty upon every bottle in the full list of its ingredients, printed in plain English, and it has sold more largely in the pa.t forty years than any othtr blood purifier and stomach tome. The refreshing influence of this freight cars nightly. But this freight car franchise has but seven years to run and therefore will be an insuper able obstacle to further extensions of the company's lines into the south eastern portion of Clackamas County, as it is a well known fact that rail roads are built mainly upon money obtained from the sale of bonds and it is unreasonable to assume that a bond issue of sufficient size to construct an extension into the southeastern por tion of the county, could be floated on a short term franchise of seven years. In determining the merits of the question submitted to it, the commit tee considered the enormous benefits that have accrued to the people of the northeastern portion of Clackamas County by reason of the extension, of the company's lines to Estacada and believing that the southeastern por tion of the county is a much richer ag ricultural section, it reached the con clusion that an extension of the com pany's lines into that portion of the county would be of great and lasting benefit to the county at large and to Oregon City in particular, in that it would provide transportation facilities to Oregon City and enable the farmers to bring in and market their products here; that it would promote the pros perity of the territory served by it and would necessarily increase the busines transacted at Oregon City by reason of the . influx of people that would inevitably follow the establish ment of the road and that in doing so, no injury would be caused to Oregon City either to its busines men or the property owners upon Mam street, provided, that reasonable restrictions should be placed upon the operation of the freight cars of the company through the city. Having reached the conclusion, therefore, that an exten sion of the company's lines would be of great and lasting benefit to the county as well as to the city, the com mittee pursued its negotiations with the railroad company with such effect that an ordinance was finally pre pared, which had for its purpose the surrender of existing franchises held by the company conferring upon it the same rights as to night freight traffic as the company now holds, and chang ing the two train freight privileges daily to four trains of freight cars of not to exceed four cars each, between the hours of seven o'clock in the morn ing and seven o'clock in the evening. This change from two trains of freight cars to four trains of freight cars daily and the lengthening of the freight car privilege from seven years to 35 years constituted the new rights granted to the railroad company and in exchange therefor the city would receive the surender of all existing franchises, in cluding the surrender of the right to lay an additional track on Main street, the changing of the present track from the side to the center of the street, the new track to be all grooved rails laid in concrete foundation and the street between the rails and one foot on each side thereof, to be paved with Belgium blocks and thereafter to be mamtainea in repair oy mo wuiyaujr during the life-time of the franchise, tion of the said petition I have sub which improvement would cost not mitted to the leading petitioners a extract is like Nature's infevrc- tha blood is bathed in the invi-rct ng tonic which gives life to it and rhe v.tal Area of the body burn bivhtei-x ard their increased activity consumes the tissue rubbith which has accumulated in the system. The " Discovery " cures all skin affec tions, blotches, pimples, eruptions and boils; heals old sores, or ulcers, "white swellings," scrofulous affectionf rnd kindred ailments. The "Golden Medical Discovery" is just the tisue builder and tonic yoa require when recovering from a hard cold, grip, pneumonia or a long siege of fever or other prostrating disease. No matter bow strong the constitution, onr stomach and liver are apt to be "out of kilter" occasionally. In con sequence our blood is disordered, for the stomach is the laboratory for the constant manufacture of blood. It is a trite saying that no man is stronger than his stomach. Dr. Pierce's Golden Medical '-ZZ-ztx strengthens the stomach puts it in shape to make pure, rich blood helps the liver and kidneys to expel, the poisons from the body and thus cures both liver and kidney troubles. If yon take this natural blood purifer and tonic, yoa will assist vour system in manufactur ing each day a pint of rich, red blood, that is invigorating to the brain and nerves. The weak, nervous, run-down, debilitated condition which so many people suffer from, is usually the effect of poisons in the blood ; it is often in dicated by pimples or boils appearing on the skin, the face becomes thin and the feelings "blue." Dr. Pierce's "Dis covery " cures all blood humors as 'well as being a tonic that makes one vigor ous, strong and forceful. It is the only medicine put up for sale through drug gists for like purposes that contains neither alcohol nor harmful drugs, and the only one, every ingredient of which has the professional endorsement of the leading medical writers of this country. Some of these endorsements are published in a little book of ex tracts from standard medical works and will be sent to any address free, on receipt of request therefor by letter or postal card, addressed to Dr. R. V. Pierce, Buffalo, N. Y. It tells just what Dr. Pierce's medicines are made of. The " Words of Praise " for the sev eral ingredients of which Dr. Pierce's medicines are composed, by leaders in all the several schools of medical prac tice, and recommending them for the cure of the diseases for which the " Golden Medical Discovery" is advised, should have far more weight with the sick and afflicted than any amount oi the so-called "testimonials" so con spicuously flaunted before the public by those who are afraid to let the in gredients of which their medicines are composed be known. Bear in mind that the "Golden Medical Discovery has the badge of honesty on every bottle wrapper, in a full list of its in gredients. Dr. Pierce's Pleasant Pellets cure constipation, invigorate the tire' nnd regulate stomach and bowels. less than $25,000.00; the continuation of such Belgium block pavement upon the permanent improvement of all those portions of the street not now paved .with vitrified brick, and the payment of an increased compensation to Oregon City from $550.00 per an num now paid by the company to $800.00 per ' annum for the first five years of the new term and increasing $300.00 per annum at intervals of five years so that during the last five years of the term, the company would be re quired to pay an annual license fee of $2,C00.00 and the license fees of the entire term would aggregate $59,500. All of these advantages would be de rived by the city from the new fran chise aside from, the benefits that would naturally flow from the devel opment of the Southern portion of Clackamas county and the increased business that would come to Oregon City. i The committee having the matter in charge held a number of meetings and every phase of the new ordinance was carefully discussed and considered and when finally prepared had the unani mous support of the committee, anc so far as I am advised every member j of that committee still believes the ordinance, as prepared and as passed by the council to be the best contract that could be made by the city, and one that fully safe-guarded the inter ests of the city, its people and its property owners. No argument has been adduced by the opponents of this measure that has in any wise or to the slightest extent changed my opin ion as to the merits of this measure. I joined in its recommendation to the careful consideration of the council and I believe now as I did then that the best interests of Oregon City would be subserved by permitting the ordinance to become a law. The opposition to this measure first found expression in a suit instituted by Wm. Andresen in which a restrain ing order was issued preventing three members of the council from voting upon the passage of the ordinance upon the ground that the three defend ants were in the employ of the rail road company and charges of fraud were made against the three defend ants, which the plaintiff in the case wholly failed to substantiate and after a hearing upon demurrer to the com plaint, the court dissolved the injunc tion. Afterwards, and as the members of the council were about to vote upon the measure, a second restraining order-was served upon them in a suit brought to restrain all of the mem bers of the council from passing the ordinance. This suit, like the first, failed and the injunction was dis solved. The council then took up the matter and by vote of six to two passed the ordinance. I have been presented with a peti tion bearing the names of 533' electors of Oregon City out of a total of 830 electors, and said petitioners pray that I exercise the power vested in me, as Mayor, to veto the -ordinance passed by the council. Since the presenta- proposition to submit the question of the approval or veto of the ordinance to three unbiased and impartial judges, non-residents of Oregon City, who should determine whether or not, as a business proposition, the ordi nance is for the best interests of Ore gon City. My proposal has been re jected upon the. ground that the people of Oregon City are themselves best fitted to determine issues bearing upon their own welfare and that where a majority of the inhabitants, tax payers and business men of the city are opposed to a measure, they should not be called upon to submit to non residents a matter, the determination of which, should rest with them. I am forced to admit that there is merit in the contention of the petitioners that in the making of a contract, such as this ordinance, where the people are the parties of the first part, that their agents should not force them into a contract against their express will. Were this a question of morals it would make no difference to me if four-fifths of the people of my city were opposed to me if I had the ap proval of my own conscience but no moral principle is involved in this or dinance; it is in the nature of a con tract to be approved by me as the executive of the city, acting for its people and as their agent. And con sidering the matter thus, the Question that presents itself to my mind is, would I be right in nermittinz the ordinance to become a law because I believed it a good measure, when a great majority of my princinals. the people, for and on r.-hose behalf the contract is made, have expressed me their emphatic and unqualified disap proval? There has been much bitter ness shown in this controversy, the motives of the supporters of the meas ure have been impugned, and so ex treme has the feeling grown that the grand jury of Clackamas County have been requested to investigate the passage of this franchise in an effort to discover fraud. I have purposely delayed the communication of this message until after the Grand Jury had had an opportunity to thoroughly investigate the charges of fraud brought before it and which has re sulted in failure of that body to itake action because of the absolute want and non-existence of any evidence of the slightest degree of fraud. . The supporters of this ordinance in the council have, I believe, been abso lutely honest in their convictions and in their opinion of the merits of this ordinance, I heartily concur. However, gentlemen, believing as I do, that I hold my office as the servant and not as the master of the people, I feel it my duty to set aside my own judgment as to the merits of this or dinance, and solely for the reason that the measure is opposed By a great ma jority of the electors, tax-payers and business men of Oregon City, I return without my approval the ordinance passed by you November 4, 1905, and entitled : . "An ordinance authorizing the Ore-' gon Water Power and Railway Com pany, its successors and assigns, to construct, maintain and operate a rail way on Main street from the Northern limits of the City to the Southern point of the termination of said Main street; thence over and upon the road on the Easterly side of the basin to the Southern boundary of said city; and upon Third street from Main street to the Willamette river; and to operate the same by any means Pv. lit8" T erf? the DeCeS !a5Z:?ieland strJQSthe necessary wiica lkji LutrupeiitLiuu uiweui uy elec tricity, and to carry passengers. freight and express matter on and ' Jln"??7' t0 C2UeCt charges and tolls therefor, and re-: pealing Ordinances Nos. 139, 201, 241, 256 and 274. E. A. SOMMER, Mayor, uaiea uregon uity, Oregon, November 14, 1905. IN TflWE OF PEACE. In the first months of the Russia Japan war we had a striking example of the necessity for preparation and i the early advantage of those, who, so I to speak, "have shingled their roofs in dry weather." The virtue of prep- aration has made history and given to us our greatest men. The individ-'. ual as well as the nation should be prepared for any emergency. Are you prepared to successfully combat the first cold you take? A cold can be cured much more quickly when treat ed as soon as it has been contracted and before it has become settled in the system. Chamberlain's Cough Remedy is famous for its cures of colds and it should be kept at hand ready for instant use. For sale by . Howell & Jones. j Almost Exasperating. ' "Do you object to telling the court your age?" asked the attorney. "Do I look as if I had reason to he afraid to tell how old I am?" she in dignantly answered. . "Oh, no, no. I didn't mean that at all. ; I assure you that it is common even for women whp are young to de cline to give their ages." j "Am I to understand from your re marks you consider me old? Your use of the word 'even' indicates that you do." "I had no such intention, madam, I assure you." "It seems to me that you have a poor way of saying what you mean." "That must be a mere matter of opinion. I will try to speak plainly, so that there may be no misunder standing. Will you please tell the court how old you are?" "Do you wish to have me tell the day of the month on which I was born?" "You may if you wish to do so, but that is not- esential." "Well it was the 27th of October." "Yes?" . " "My mother's maiden name was Mary Williams and I live at 967 Grand ison avenue. There! My goodness! It's almost as annoying to get a di vorce as to start a bank account." CHAPPED HANDS. Wash your hands with warm water, dry with a towel and apply Chamber lain's Salve just before going to bed, and a speedy cure is certain. This salve is also unequalled for skin dis eases. For sale by Howell & Jones. FALL CARE OF TURKEYS. After the 1st of August the care of turkeys is very little on a farm where they have good range until cold weath er. They must never be allowed to stay away from home a single night for in time they will get to be regular tramps, stopping just where night overtakes them. If they are brought home for a 'short time after they are turned on the range and watched a little to see that they always come home at the usual hour; the habit gets to be fixed as all animals have a strong iove of home. It is amusing uomeitmes to see how even a chicken will choose a particular corner .of a coop to sleep in. If never prevented would sleep there as long as they lived. They think, be it ever so hum ble, there is no place like home. The most frequent ailments of tur keys are liver trouble, indigestion and roup. Liver trouble, I think, caused by overeating. That is also the cause of indigestion. Through the corn belt turkeys get too much corn and com is certainly not a good turkey food. It is too hearty and it is entirely against the nature of turkeys to bolt as they do large quantities of heating food like corn. Their natural way of eating is to pick up a bug, or worm, or seeds, one at a time, taking a half day nearly for their breakfast and at 2 or 3 o'clock they start out for home, and helr supper is what they pick up on the road to tne house. Now this is tneir natural way of living two meals a day but when corn was fed in large quantities it makes more work than the digestive organs can take care of, and the liver, the great blood strainer, cannot properly do its work, and it becomes enlarged and diseased and the indigestion and all its ill set in and the turkey dies. They should at this time of the year always have coarser and very sharp grit. I keep a box of grit where they travel every j night and morning, and they cannot : miss it if they want or need it, and I have tried different remedies for liver trouble and find the same treat ment that is good for the human fami ly under like circumstances is good for turkeys. I give a pill of one-tenth grain of calomel for three- nights, then give a teaspoonful of castor oil and when that has worked off I give quinine twice a day, a capsule con taining one to two grains. If this treatment is carefully followed up it will cure most cases. There are several kinds of roup remedies on the market that are good. Roup is caused by taking cold and since I discontinued feeding warm feed I have very little trouble with roup. Feeding warm food warms them up and they stand around and get chilled and take cold and the first thing you know you have a lot of roupy turkeys on hand. Turkeys are not subject to such a long list of diseases as are chickens. If one lives in a wheat growing coun try they win have very little trouble on the feeding question as wheat makes the most natural fool for tur keys. Corn is too loosening for the i i i x : l . i . l. j uoweis' auu wireai iigui 111 Liit? contrary direction, wnicn is just wnat a turkey needs. The other danger to turkeys is the two legged animal that is the lowest of all animals below the hog family, the turkey thief. - By the time Thanksgiving arrives I think a large drove of turkeys will meet tne, Madman's axe to celebrate our great national prosperity. They and the Indians are the only inhabi- est nation in the world developed from um nandful of igrims to lts pres. x p......... .......... . A GREAT COMBINATION OFFER J We Witt Furuish the "TW1CE-A-WEEK" Issue of the St. Louis Globe-Democrat -WITH Oregon City Enterprise For $2.00 Both Papers, one year, only $2.00 The St. Louis Globe-Democrat should not be classed with the many cheap weekly papers. It is a high-grade Semi-Weekly, eight or more pages, every Tuesday and Friday. Jt is beyond all comparison the biggest, best and cheapest National News and Home Journal .published in the United States. Jt is strictly Republican in politics but is above all A Great Modern Newspaper. It is not made up indiscriminately from the Daily issue. It is carefully edited with especial reference to the needs of the Farmer, the Merchant and the Pro fessional man who desires to keep throughly posted without sparing the time to read a large Daily Paper. It also contains a great variety of well selected reading matter, making it invaluable to every member of the family. This Liberal Clubbing Offer is open to old oi new subscribers, but may be with drawn at anytime, and we must receive the cash with order. Send us your Subscription with $2.00 DO THIS TO-DAY! Blight's Disease and Diabetes News. The New Fulton Compounds Have Record of 87 per cent ol Recoveries Among Chronic Cases of Brlght's Disease and Diabetes, Heretoforf Considered Incurable. Druggists know that Brlgtita Disease snd Diabetes have been regarded by physiolans aa Incurable and that up to the adrent of tne Fulton Compounds tnat nothing on their sherrea would touch It. It Is a proves fact that nearly nine-tenths of all cases are now curable, and druggists themselves are talcing the pew Com pounds. One of the recoveries was Dr. Zeile himself, the pioneer druggist of 622 Paclflo street, San Francisco, and he gave it to over a dozen others who reoovered. Here is another interesting recovery (We copy from the Sacra, mento News of November 16, 1902): "After a serious illness of over a year Judge J. R. Allen of this city has reoovered and re gards himself most fortunate in successfully battling with what is generally regarded as fatal malady, Bright's Disease ot the Kidneys. In speaking of his case Judge Allen said: 1 believe that the treatment given me by my physician was in accordance with the best methods used in the regular praotioe of medi cine, but it afforded me no relief. Hearing of the Fulton Compounds I went to San Francisco to investigate and was soon convinced I should undergo the treatment. It was three months before I noticed a change for the better. I used the medicine faithfully for nearly a year and can now find no evidence of the disease and am satisfied It is entirely eliminated. My ap petite is good, I have gained seventeen pounds in weight and will be pleased to describe my experience to anyone who may call or write.''" Sacramento News. Nov. 16, 1904. The editor of the News himself was the friend who told Judge Allen of the Fulton Compounds. They are the only things known that ours Bright's Disease and Diabetes. Fulton's Renal Compound for Bright's and Kidney Diseases, 1; for Diabetes, (1.50. John J. Fulton Co., 409 Washington street, San Francisco, sole compounders. Free analyses for patients. Send for Pamphlet. We are the exclusive ganta for these Compounds in this oity. Charman & Co., City Drug Store. ent eminence. All the earth takes off its hats and makes its most obedient bow to America, the home of the free and the land of the brave. Farmer and Breeder. Bean the (Signature of The Kind Yoa Haw Always Boogfi ' Customer Waiter, this steak is like leather. Take it away. "Waiter Can't change it now, sir; you've bent it. Ex. CROUP. A reliable medicine and one that should always be kept in the home for immediate use is Chamberlain's Cough Remedy. It will prevent the attack if given as soon as the child becomes hoarse, or even after the croupy cough appears For sale by Howell & Jones. Knew His Business. "Dr. Goodleigh seems to have had wonderful success in raising funds for the new church." "Yes. Yon know he appointed Mr. Hammersleigh, the reformed get-rich-quick man, as chairman of the finance committee. CJ J "Jt- Jt'. J j5k. , Bear the si Kind You Have Always Bount" Signature of THE-