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THE DAILY COOS BAY TIMES, MABSHF1ELD, OREGON, SUNDAY, OCTOBER 13, 1907.
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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,'
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