iv. mrrrnmttw,, tmrntomii .iTWJMiA THE DAILY COOS BAY TIMES, MABSHF1ELD, OREGON, SUNDAY, OCTOBER 13, 1907. ri . v l 1 v - m i Out I We are hc dell out 1 " ' I A OH JT JUAWC 1 LI A 1 5A V CU Jf ,mT inUi Pi How To Make Coos Bay a Great Ha r hoi Francis H. Clarke Gives After some preliminary remarks Mr. Clarke spoke as follows: The Supremo Court of Oregon, September 3, 1907 rentier'.! u de cision in the case of Farrel vs. the Port of Columbia, which may be re garded as epochal in Its influence and effect. It involves an interpreta 'tion of the fundamental law of Or egon and more particularly that feat ure of It which is embodied in the constitutional amendments adopted June 1906 as follows: "Corpora tions may bo formed under general, laws, but shall not be created by the legislative assembly by special laws. 'The legislative assembly shall not en act, amend or repeal any charter or act of incorporation, for any muni cipality, city or town. The legal voters of every city or town are granted power to enact or amend their municipal charter subject to the constitution and criminal laws of the State of Oregon." The legislative assembly in 1907 enacted a special luw by which thoy attempted to create a separate municipal district comprising the three counties of Multnomah, Clatsop and Columbia under the name of the Port of Colum bia. It was invested with similar powers to thos confo'cl by bpeclal act on the Port of Portland in 1391, and Its powers included the very im portant one of issuing bonds not ex ceeding the aggregate sum of $400, 000 and raising money by taxing the district described, to retire these bonds at maturity and the payment of interest thdreon. The court, in its decision holding that the special act creating the Port of Columbia, was and Is unconstitutional and void, uses the following language: "By this amendment (that of Juno 190C) the power to create Incorporations for municipal purposes by special net was not only eliminated, but the creation of a corporation by such nn act Is expressly prohibited, and It Is no longer in the power of the legis lative authority to crmta a corpora tion public or private by a special law. This decision becomes therefore a matter of special Interest to the peo ple who inhabit the shores of Coos not giving fifrnitiire away Bii we are selling cheaper than ever sold on the Bay before, not because we WANT io, but because we are COMPELLED ho. By the first of November we must move that, is a fact. We have no other place to puL our goods that's a fact What is left, then, for us io do? What would yon do? Just what we are doing Big Sacrifice Hi H REMEMBER these are not old, shopworn goods, but all new and up-to-date in every particular can well afford to borrow money at JO per cent, and store the goods if you, do not need them away. EVERYTHING IN THE CARPET LINE. Legal Opinions Which Bay, for the reason that they have, for some time past, been considering the propriety of asking the legisla tive assembly of the state to set apart a definite district around and includ ing the bay and creating a port, somewhat after the plan of the Port of Portland, organized in 1891, and calling it the Port of Coos Bay. The Port of Portland was created before the constitutional amendment depriv ed the legislative assembly of the power to create such districts, and Is the only similar corporation known to the laws of this state. The Port of Portland was invested with powers among which the following may be enumerated: "To hold, receive and dispose of real and personal prop erty; to sue and be sued, to plead and be impleaded in all suits or pro ceedings brought by or against it; to own, operate and maintain a tow ago serv'ce from the open sea; to purchase, own, lease, control and operate tugs and pilot boats; to fix and collect charges for pilotage; to make contracts etc. In order to carry out these powers It was provided that the Port should have the power to tax the district to raise money. It was also provided that the corpora tion thus organized could make cer tain harbor improvements. Many other powers were conferred, but this statement will be sufficient to show what the general nature of the corporation is. It will also be well to state that the amendment to the constitution which the court co strued In the Port of Columbia caso does not affect the Port of Portland and that corporation remains a legal entity In all respects. The position of Coos Bay both In law and history, is extremely un satisfactory. Let me briefly state what that position Is. In the first place it is a very important arm of of the ocean. It extends into the mainland some 15 miles. Its form Is peculiar 'and advantageous for It sweeps ' first northepBt nn1 then south around a peninsula which is narrow at its north end and broad ens to flve miles at its southern ex tremity. The bay averages about We want the Public to understand thoroughly we are carrying out fcfae rule of this house, established years ago GIVING YOU THE TRUTH. This is no catch penny proposition, but just what we represent it to he A E0R.CEB OUT SALE. linrMLjri irv a s-tt mtoa f Axrnr rvwT xw. th r Recommend Organization of Port by Initiative two miles in width, but the inner bay widens to three and one half and four miles. There are several deep and capacious inlets into and from which the tide ebbs and flows, and the bay and inlets constitute a very remarkable network of wator ways which are capable of being made into one of the notable harbors of the world. The shores of this bay and Its inlets are rich In vari ous and abundant resources, such as coal and timber, and the hill slopes and bottom lands are, gener ally speaking, among the richest agricultural lands In the world. The wharflng waterfront of the bay Is over 70 miles In extent. The tidal area which is capable of being dredged out Is about 20 square miles In extent and can be made to furnish anchorage for the largest fleets. The bottom" of the bay has no hard formation and can bo deep ened to meet all commercial needs. The bar at the mouth of the bay Is only 300 feet across at tho apex and there Is, generally, 20 feet of water on it at mean low tide. The topography of the bay district is such as to make it a very con venient site for a large commercial place or port. Tho bay Is capable of being mado amenable to the re quirements of commerce in its larg est senses. There Is no reason wny It should not be Improved to equal tho harbor of Liverpool, England, of Glasgow, Scotland; of Boston, Balti more, or any harbor on tho Ameri can Pacific coast. But tho fact Is that It has been Bllghtly regarded by tho state of Or egon and but llttlo favored by the federal government. Its chaunels are not kopt clear. Its waters are permitted to be shoaled. Encroach ments are not resisted and there Is no competent authority which con trols Its uses or Its abuses. Tho people who inhabit its shores know this and regret it; but, for some un accountable reason they have donq little to rescue It from a state of nature or to prepare it for that great destiny to which its merits entitle it. Now that it cannot ask the legislative assembly to create a port corporation like tho Port of Portland, by special enactment, what shall it do? It 1b with a view of answering this question that I have made an anyalltlcal examlantlon of the law and that I have taken this method of presenting my views as a lawyer. As a result of my examination and the knowledge I have acquired of the navigable waters of the bay and their adjacent territory, I am convinced that It is necessary to lose no time in organizing such a muni cipal corporation as will have legal power to control the entire bay and Its navigable waters, and all tho territory to be benefited by Its Improvement. Can this be done? No doubt It is possible to induco tho legislative assembly to enact a general law which shall provide for tho creation of ports. No doubt the people of the whole state can, under the Initiative and referendum amendment enact a law which will permit such a creation. My person al Inclination Is to walvo such sug gestions aside as being In the ono case unnecessary and troublesome, and In tho other caso unnecessary and cumbersome. To wait on tho action of tho legislature is to Invito tho opposition which It Is believed has been hurtful to this section In past years. To Invoke tho public consideration of an act by tho whole people would requlro a long and ex pensive campaign of education among thousands who aro indiffer ent to our needB. Therefore my judgment Is, that If tho peoplo of the Coos Bay district can, thoy should organize themselves, exercise their own power', net for themselves, and make a harbor such as thoy may bo proud of. Thero Is no doubt that this power Is entirely in the control of tho in habitants if Coos Bay, That its na ture and Its ueo may be understood It is well to consider the fundament al law on which that power rests. It is only necessary for me to remind you that theoretically all power rests with the people. Their collective will is sovereign and unlimited. and Referendum Plans They organize and create a govern ment and delegato to that govern ment certain powers. The peoplo of Oregon are a sovereign people whose will is unlimited except so far as they have delegated certain of tholr sdverolgn powers to the government of the United States, In making the constitution of the state tho people provided that this sovereign power should be exercised by the legislature and tho constitu tion of the state defines the limits of such legislative authority. By the constitution of the stato the peo ple delegated their power to make laws to the legislature and deprived themselves of all such power ex cept so far as they reserved In them selves the power to amend such constitution and through such amendment to reclaim any and all the sovereign powers which thoy originally possessed as a sovereign people. In 1902 the peoplo of Ore gon exercised their power to amend tho organic law and did amend It by adding the well known Initia tive and referendum provisions. This amendment was further amend ed in 1900. Your attention is called specially to tho nmendmont of 1900 which reads as follows: "Tho refer endum may bo demanded by the peoplo against ono or more Items, sections or parts of an act of tho legislative assembly In tho samo manner In which such power may be exorcised ugalnst a completo act. Tho filing of a referendum potltlon against ono or more items, sections, or parts of an act shall not dolny the remainder of that act from be coming operative. THE INITIA TIVE AND REFERENDUM POW ERS ARE RESERVED TO THE LE GAL VOTERS OF EVERY MUNI CIPALITY AND DISTRICT, AS TO ALL LOCAL, SPECIAL AND MU NICIPAL LEGISLATION IN THEIR RESPECTIVE MUNICIPALITIES AND DISTRICTS. Tho mannor of exercising said powers shall bo pre scribed by general laws except that cities AND TOWNS may pro vide for tho manner of excrctalnc tho initiative and referendum now-1 ers as to their municipal loglsla- You right a Greater Coos BayJ tion. No more that ten per cent o th0 legal voters may bo required tn order tho referendum or more than. mieeu per cone to propose any measure, by tho Initiative... ra' nffn -.! Wljf Ul lUWH, b xl win oo uoen zaai tno cities Marsnneld and North Bondvh; each, the rights and power to on! local, special and municipal leglsj iion ot any and overy character, a: mm wunin tne limits of -what f local, special and municipal, there I no power superior to thorn except' win oi an tno peoplo of tho wholo stato. It will also appear that the soverolgn peoplo of the whole state have roposed such great confidence In tho people of tho different localiJ ties that they have delegated tho en tiro powor of self governmnt to tho cities of North Bond and Marsh fiold without limitation except so far ns such corporation may b0 limited by tho constitution, tho criminal laws and tho meanlrig 0 tho words local, special and milnlci- pal. Tho question formulates Itself, ns follows: Can tho cities of MaVsh field and North Bond, separately amend their municipal charters lor adopt now ones, and thorein nW thereby creato some form of harhW commission, and Invest such coiln- L mlsslon with power to ralso monfey"NV by levying a tax on tho peoplo ot tho city, for tho purpose of Improv ing Coos Bay or any nart thoreof? I do not need to say tvtat there is nothing in tho constitution or tho criminal laws to prevent It. On tho contrary tho constitutional amond- mont roforrod to clearly lntonded to Invest the peoplo of these cities with sovereign powers to make local, spe cial and municipal laws, to govorn thomsolvos, as fully as tho sovereign peoplo of tho state mlgt havo en acted such laws if thoy had so elected. Let us then consider what Is local. "special and municipal loglsuulo (Continued on'page 7) Cut Price sale of underwear t Prentiss,' i VI I "; I I si ! W a--- - -