W. The Madras Pioneer 9 is ' MADRAS, CROOK COUNTY, OREGON. THURSDAY, AUGUST 17, 1911. NO. 48 I tk ii 171"! n auiii it min uinn tiii a wun i u nun ill mm lv1 m u m m m wm am nrai" nil mi i mi ii h i i w ana ina ni . r m flHLLL UMIIIILI I rlllU IIIIOil I IIIH U lLLL I ft III 111 UUII 1 LU I x r Mac hlnpo Than Ing uoiuootui. . .-w Million and Half Votes mnorn OATIIDHAV AT 10 D U IINU ULUOLU oniuiumi ni iu n mi ill I nna Mfllncifv d7ff Iofl COcf Winners nau l, "Mr' v Competitor Prizes Now Ready at the Madras Pioneer Office FIRST DISTRICT - r r i ng if 1 w-vnrrn f r 11.. 1 VM I II II I Hazel Barnett of the first - Un nnvi PtrP. OI Wilis ic j... ..-o- a companion to accom- fn Asf nna. me UIIUCiaiK"tu j"t" Madras Pioneer Voting 1 A 1 i ..nfiA t no i. i uiv cast, and announce the named young ladies as C. E. Roush. W. R. Cook. J. M. CONKLIN. over half a million votes Un lini nonrouf pnmnef ltni first district, Miss Hazel t won the Madras Pioneer i 1. 1. 1U A i r rrin ill iru hhn nil i h ! and Miss Tina O'Kelly vprwnn the second district nearly a hundred thous- nn iiwur tint- nitii wi w i I'linia Miss Barnett also wins wim1 nliAncitn n to go with her to Astoria ehMphpn. She lms nnmerl 1 1 ... 1 nil. ? . i n I V lMV III' LV IIIIHI H 11 i - n; t .. i i mm wiium i ri i t i n ci rmi vfVah,VM w raw v ft IV furnished them, and a of introduction given them manager of the Centennial taken an especial inter- the local contest, and to extend every courtesy winners. He 1ms triven nia iVinl ...:n 'v. niu ace uei- that the best Astoria has Qvuu 1U1 Wldll, ntlv Ot 1ft nll.l. C1i. Jht the contest closed, the box was sealed up and overtothe judires. Messrs Conklin, C. E. Roush and coki who commenced count immediately at the state Bank. Ir w l midnight when the result announced. All the lonnl js were at the Pioneer wen the ballot box was "P.and most of them wore "an buildini? while tha was being made. uoneer regrets that all "OtWin si n.J-y i. nt he the case. Howova. rotui 42i V LI I II II lull III IA .....-1 1 and bst. na i .t.- ..... ioj tu ulu two ladies wlm XT.... 1 might be diffornf I . ,w,npiete standi in ma -""I U3 COmt) Art l. fUo mthefitmi S,"""nK ofCont08tat8 DISTRICT NO. 1 SflhfnuJ JOOU(UU Rub ; u 1037GG7 una i i- viy D0ve "ey 332300 i . i'i'iiii din 1 - DI8TRICT Mn o !mith uuivei; 128000 Short monta 42375 Mill, V., 2950 U8tiJ''ineyille 2050 5J V . " - llbVIIIH J 2150 42975 2475 hn... -vvillt" una, Uedmonrl I ""fViJU Wlndom-Arnold Wedding On Saturday, Aug. 5th, at the home of Mra. F. J. Lively, sister of the bride, a beautiful and im pressive ceremony was that which united the lives of Harry E. Windom and Miss Helen L. Arnold of Chattanooga, Tenn. The marriage service of the Epis copal church was performed by Bishop Paddock in his usually impressive manner. After the ceremony the happy couple left for their future home near Culver, Ore., where they will be at home to their friends after September 1. The groom is the eldest son of Mr. and Mrs. J. H. Windom and is well known and popular in this part of the country. The bride, who until a year ago lived in Chattanooga, Tenn., is the young est daughter of W. H. Arnold of Chattanooga. She has a wide circle of friends, both in Tennes see, and her adopted home. Crook County Journal. Mr. and Mrs. A. W. Culp and children returned last Thursday evening from California. Mrs. Culp and the baby have recov ered from their illness, which called Mr. Culp away a short time ago. STRYCHNiNi KILLS BOTHERSOME BUNNIES Ranohors Near Paxton Find Mixture That Dooa the Butlnoaa Fred Fisher was in town this week transacting business from his ranch" near Paxton, on the Deschutes Railway, and he re ports much damage being done by the rabbits east of his place. They did not do very much darn age to his grains for the reason that he kept them killed off by poison. His scheme is a good one, and if all the farmers would do likewise, the rabbit problem would soon be a thing of the past. Mr. Fisher uses a quart of fine salt, a cup of sugar with an ounce of strychnine, and mix es well and just places a very small quantity upon a board in their trails, and they will eat this dope at all times of the sea son. They have counted 4500 dead rabbits lying near the salted places, and figuring that half of them were not found makes about 9000 killed at a very small cost. Now if everyone bothered with the pest will take hold and do as much, one season will clean them oft entirely. Mr. Fisher tells us that a mare got in the field where the poison was and licked up enough to kill a hun dred rabbits, and apparently felt no ill effects from the dose, but we would advise that yery small quantities be placed in one place and where stock cannot get at it to avoid danger. YANKEE DOODLE CAME TO TOWN RIDING ON A PONY! Gray in Atlanta Constitution. CHARTER PROVISION UNCONSTITUTIONAL Restriction of Electoral Privilege Invalid MUST FOLLOW STATE LAW Recorder Jackson Receives a Letter From Office of Attorney General of State of Oregon City Recorder J. H. Jackson recently directed a query to the office of the attorney general of state of Oregon for an opinion as to the constitutionality of the section of the city charter of Madras relative to the qualifica tion of voters in special elections such as the election for the issue of the $10,000 bonds for the con struction of the city water works which was held last spring. The answer is self-explanatory and is as follows: August 11, 1911. Mr. J; H. Jackson, Madras, Oregon. Dear Sir: Answering your favor of the 9th inst. with reference to the qualification of voters provided for in vour City Charter and the status of Initiative and Refer endum cases, I beg to say that the Supreme Court in the case of Livesly against Litchfield, 4Y Oregon 247, decided that the nullification of voters enumer- ntPd in Section 2 of Article 2 of the Constitution of Oregon ap nlied to all elections except school elections and including municipal elections, and that the qualifica tions therein specified can neither be added to nor taken from by statute. This case arose from a nrovision in the Charter of the City of Salem requiring voters at City elections who were subject to the nayment of the poll tax to have paid the same before being nllowed to vote. The Court held that this was an extension of the qualifications provided in the Constitution and invalid. In the case of Straw against Harris, 54 Ore. 424, 430, the Personal and Local was in town home on Trout ATTORNEYS SAY TO AMEND THE CHARTER Lawyers Tell Why Boncfe Are Invalid I THREE SECTIONS BAD LAW Specific Changes Urged by Cousel of J. H. Causey & Co., Denver Bond Buying Firm Leslie Priday Monday from his Creek. Willis Brown of Heisler was in town Tuesday attending to land matters. Mrs. Jerry Ackey and Mrs. J. S. McMeen of Lamonta were vis iting in the city Monday. Charles Durbin and wife of Antelope, passed through town Tuesday on their way to Prine- ville. W. P. Myers, the Culver at torney, was in Madras Monday on protessionai ousiness oeiore the local justice Court. Frank Nichols of Portland,-a former resident in this part of the county, was here the first of : of Madras cannot be finally ap the week on business. proved until the cases involving . Attorney E. Bergland andhis,the initiative and referendum wife and son spent Saturday and whicn are now Pending in the Sunday at the warm springs on , Oregon ana unnea owies our the Indian Reservation. fPreme ourts are luuy ana of the Madras city. water bond issue will be of jnore extend of the raise the question as to the validity of U?e initiative and referendum law, and intimating that the bonds Giving reasons which back to the constitution state of Oregon and Court held that the legislative authority is exercised by two co ordinate branches: the Legisla ture and the people, through the Initiative, but there is only one legislative authority exercised in these two different manners, which are coordinate, therefore, the fact that your City Charter is enacted by the Initiative gives it no greater authority than if it were enacted by the Legislature while it was competent for the Legislature to pass Municipal Charters. Consequently, it will be seen that the additional qual ifications provided for in said Charter and not specified in Sec tion 2 of Article 2 of the Consti tution for general enactions are invalid. The case of the State of Oregon against Pacific States Telephone and Telegraph Co. involves the Initiative and referendum and is ready for trial in the Supreme Court of the United States. I notice from .the papers it has been set for November 1, al though we have received no of ficial notice to that effect. The case of the State of Oregon against the Standard Oil Co. in volving the same question but which will not be urged in the State court for the reason that this Court has already sustained TP CfininQ 1 TmW lorl van! estate man, connected with the ana ys! Northwestern Trust Company, was in the city this week. Attorney Lewis H. Irving and J. Chestnut were at Culver Junction last Saturday on busi ness in connection with the Rob inson & Papedor case. Miss Nora Livingston was here the latter part of the week from her home near Prineville, the guest of Miss Gladys Sanford' and other Madras friend.s Rev. A. B. Dickey of Warm spring Agency was here Monday in company with E. E. Kinnett, the special U. S. marshal, who is looking after official matters in this county. S. E. Gray returned last Thurs day from the Willamette Valley by railroad. His family are still enjoying their vacation on the Upper McKenzie river, where Mrs. Gray's relatives reside. Lewis H. Irving returned last Thursday from the Cow Canyon country, where he went. a few days previous in company with Julius Larsen, to recover some horses which Mr. Laisen had lost. E. E. Kinnett, a special U. S. officer, engaged as marshal in the Indian service, whose head quarters are at Los Angeles, was here this week on official busi ness. He is now working under the direction of the U. S. mar shal's office at Portland. O. A. Pearce, cashier of the Madras State Bank, left last Sun- the exercise of the Initiative is ready for trial in the State Su- day for his former home at Page, nreme Court but will nrobablv North Dakota, to bring his wife not be set down lor hearing for several months, owing to the number of cases already waiting trial. It is always hard to predict the decision of a Court but we have no fears that the United States Supreme Court will sustain the Initiative and Referendum as the State Supreme Court has already done. Very respectfully yours, A. M. Crawford, ? Attorney General. By I. H. Van Winkle, Assistant. P. T. Atkms left Tuesday for Bakeiv-City iupn a business trip. Tom Lewis of Blizzard Ridge was in town Tuesday supplies. Mra. J. L. Dehuff and two children arrived Tuesday even- and children to Madras. While enroute Mr. Pearce will visit sev eral Pacific Coast cities in both the United States and Canada. Mt. Jefferson Lodge No. 196, I. O. O. F., which recently bought the Madras Cemetery tract, have commenced the work of improving the property. A new fence is being constructed, the grounds are being cleared and everything about the grounds being cleaned up in a neat man ner. E. R. Thompson, special agent of the Sun Insurance company with headquarters in Portland, was in Madras the latter part of the week. Mr. Thompson suc ceeds P. E. Gerould in this nosi- i 1 Duying tion, who resigned recentlv to than local interest. It is from Pershing & Titsworth, legal ad visers ior J. H. Causey & Co. of Denver, who expect to be the purchasers of the Madras bond issue. By way of explanation it may be stated that J. H. Causey & Co. have volunteered to advise' the city in the details of making a valid bond issue. Following the advices in the letters given herein, petitions signed by a majointy of the legal voters of the city will be pre sented to the council tonight, asking that the city chater be amended to conform to the sug gestions of Messrs. Pershing & Titsworth. After the council has acted on the petitions, thirty days time must elapse before the amended charter becomes effec tive, and then only in ase no referendum is demanded. Under the new charter a new bonding election will be held. The letters received from Den ver follow in full:, Denver, Colo., Aug 4, 1911. Mr. Howard W. Turner, Madras,' Oregon. Dear Sir, We are herewith enclosing copies of letters received late yesterday afternoon from our attorneys. They submitted to us a letter on the 1st inst., and at our suggestion, wrote the other letter suggesting specific forms of amendment for your charter. We hope lhat you will be able to get started right away in car rying out these suggestions and as soon as the charter is properly amended so as to meet the re quirements of our attorneys, we will have them furnish definite instructions regarding the pro cedure in issuing the bonds. We are sorry that our attorney happened to be out of town and that this letter is delayed for a few days on that account, but assure you that we will rush the matters in connection with your bond issue just as rapidly as pos sible. Yours very truly, J. H. Causey & Co. Denver, Colo., .Aug. 1, 1911. J. H. Causey & Company, Boston Building, Denver, Colorado. . Gentlemen: In re Water Bonds, Madras, . Oregon. In this connection, we beg to refer you to our letters of June iy and July 13. We are now ad vised that the municinal nnthnr- give his attention to property in- g-g ., gjg terests m Josenhir-e countv. D. !..: ft , . , riv I .... . , i-ic ui.y w lHbuo vuuu Donas in ,R. Atkinson, special agent for the aggregate amount of $10,000. ing from Spokane to join Mr, t the Northern of London, also of for the purpose of supplying the Dehuff, who is assistant cashier Portland, accompanied m r . c'tv w'th water, and our suggea in the local bank. -Thompson, Continued on page 2. " i if f 'l . . 1".: i . i".