The Coos Bay times., October 13, 1907, SUNDAY EDITION, Image 7

THE DAILY COOS BAY TIMES, MARSHFIELD, OREGON, SUNDAY, OCTOBER 13, 1907.
w
HOW TO MAKE HARBOR
Continued from page 3)
and consider It settled thnt If tho
power to levy a tax and raise money
for the Improvement of tho harbor
of Coos Day, is local, special or mu
nicipal that ths two cities and each
of them mny exercise such power
through a charter or charters which
they may adopt by election. That
such a provision would come within
tho meaning of the word local Is
not disputable. Still the word local
may have some significance In this
connection, for it may be that the
city of Marshfleld or the city of
North Dend would wish to make Im
provements In the harbor beyond the
city limits and to pay for them out
of some fund raised by taxing the
peoplo and property within the city
limits. The word special has lefer
onco to matters which do not affect
the people of tho whole Btate, b-.i do
affect the people of the locr llv. The
most Important phraso to bo nialyd
Is municipal legislation." Kiii-'i:-naleiy
the supreme court of iTp-gon
hasi disposed of these quest 'oris ver
clea'ly in a lino of notable leclhitme
The case of Acme Dairy com paw vi
tho city of Astoria which was de
cided May 21, 1907, is whera th cily
of Astoria enacted an ordinance pre
scribing the manner of Invoking the
initiative and referendum by the pco
jUi of hat city. Under th&t ordi
nance the people attempted to amend
their charter with referenco to sev
eral matters of taxation and pursu
stut to cuch amendments .onr.-nots
wer let to Improve certain st'sets
and ub'ect the property of ubutcing
oner3 to special assessmpnc lr pay
therefor. In its decision tho su
P'inr3 court upholds tho city of As
toria in the exercise of the powers as
sumed and in the court's opinion the
following language appears: "The
amendment quoted having expressly
authorized cities and towns to pro
vide for the manner of exercising the
initiative and referendum poweig as
to their municipal legislation, tho
provision is therefore self-executing
in respect to tho class of enactments
specified; and this being so, the de
cision herein must hinge on the
meaning of the phraso "municipal
legislation' as understood by the per
sons mentioned. To understand the
signification of these words requires
an Interpretation of the term 'local
and special legislation,' the right to
formulate rules In relation to which
is Impliedly denied to cities and
towns, on the principle that tho ex
pression of ono thing is the exclusion
of the other. The qualifying words
"local" and "special" are synony
mous (Smith vs. Grayson County, 18
Tex. Clr. App., 153, 44 S. W., 921
and In the sense In which they are
used, mean any enactment that Is
plainly intended to affect a particu
lar person or thing or to be In f fort
In some particular locality only.
(Ladd vs. Holmes, 40 Or., 1G7, '
Pac. 714). The words "munici
pality" and "district" as used in the
clause of the amendment adverted to
are evndently expressions of equiva
lent Import, for a district legal'y
created from a designated part of tho
state and organized to promote the
convenience of the public at large as
a municipal corporation. (Cook vs.
Port of Portland, 20 Or., 580, 27 Pac.
263). The authority of such a cor
poration has been heretofore derived
from an act of the legislative assem
bly creating it, and as such a statute
Is applicable to and enforceable In
part of tho state only, It ,1s a local
or special law. Prior to Juno 4, 190G,
when tho amendment referred to was
adopted, tho legal voters of a corpo
ration of tho kind last mentioned
could exercise no legislative functions
and tho local and special laws were
enacted by the legislative assembly.
As some of these organized districts
were in existence when tho amend
ment was adopted, we bollevo a fair
construction of tho words "local"
and "special" as used by tho framers
of this clause of the organic law,
limit their application to such mu
nicipal corporations as are described
In the case of Cook vs. Port of Port
land. The court then quotes the amend
ments referred to and says: "It will
thus bo seen that this change In the
organic law deprives tho legislative
assembly of all authority to enac.t
nmend, or repeal any charter of a
city or town, tho legal voters of
which reserve to themselves the ex
ercise of all such power."
Having thus disposed of the words
"lo'-al" and "special" lot us proceed
to consider what Is municipal. No
doubt that the city must confine Its
legislative action to matters which
affect their own territory and that
such legislation must be of a munici
pal nature. It Is unnecessary to con
alder this word municipal In Its larg
er sense, but I will consider It In Its
local and special sense solely. In
other words let us consider It wl'h
special referenco to tho proposition
to raise money to Improve the harbor
of Coos Bay. Is such a proposition
"municipal" within the meaning of
that word as it is used by the consti
tution? The supreme court in the
case of Cook vs. tho Port of Port
land, 20 Or., 27 Pacific Reporter 2G3,
discusses tho meaning of tho word
"municipal" and finds that "a city,
or purely municipal typo of a corpo
ration created for municipal purpo
ses, because it Is a miniature gov
ernment, having legislative, execu
tive and judicial powers. The court
says: "No one questions that the es
tablishment and Improvement of
highways and the opening facilities
for access to market are within the
governmental powers of every state
or nation, and that, among the most
Important of these highways are to
be classed navigable rivers. These
things aro done by law. The state
may directly levy taxes to Improve
such highways, or It may apportion
and Impose the duty or confer tho
power of assuming It, upon the mu
nicipal divisions of tho state, or
create a municipal division locally
benefitted for that purpose." The
court quotes with approval tho fol
lowing language of Mr. Justice
Strong In Railroad Co. vs. County of
Otoe, 16 Wal., 676. "Tho legislature
has the Undoubted power to appor
tion a public burden among all the
taxpayers of the state, or among
those of a particular section, if, In
Its Judgment, those of a slnglo sec
tion may reap the principal benefit
proposed expenditure,
to raise money by levying a tax on
all parts of the bay territory thus
making every portion of this terri
tory bear Its Just proportion of tho
expenso of Improving the bay. The
next Important result is that consoli
dation within the limits of fifty or
more square miles would Involve suf
ficient territory to enclose all parts
of the bay and many of Its navigable
Inlets would be included in tho
city. This would enable tho city
through Its harbor commission to
exercise a largo control over all parts
of the bay and Its Inlets, preventing
encroachments, obstructions and
abuses and also providing for Im
provements which could In no wise
affect any part of the bny Injurious
ly. It would be poslsble to say
where a railroad should build its line
on the water front and might con
sider It proper to construct a rail
way which would be a common user
for all companies running up and
down either side of the bay. It could
Issue bonds and raise money to keep
the channel open and deep from
Isthmus Inlet, past Marshfleld, North
Bend, Empire and thence to the sea,
and would bo In a position to make
its power felt even In tho halls of
congress and In the executive man
sion. Tho objections which can be of
fered for consolidation for the bene
fit of the bay, arc of a negative and
dilatory nature. They arc not legal,
but rest on supposed natural bar
riers, on political DreJudlco and on
tno claim that the several parts are
longs to tho world to all mankind
to, the shores of all maritime na
tions and to commerce everywhere.
Whether It swings Into Its proper
place among the seaports of tho
world, depends upon your largeness
of vision nnd your energy and unity
of action. You cannot afford to let
prejudices influence you, and you can
not justify delay, for the power to
shape the destiny of a great seaport
has been placed In your hands by tho
people of this great state, and you
occupy a position whose unusual sur
roundings must and will command
an Imperinl domain. Not for North
Bend, nor for Marshfleld, nor for
Empire, but for the great seaport of
Coos Bay, you should unite, consoll
date and conquer.
not pnnnnpfprf liv Itnna nf trnnennrta.
from a proposed expenditure, as tlon. The nlaln answer to nil of
as from the construction of a road, a these Is, that the commercial and
bridge, or a hospital." If we substi
tute the word "people" for "legisla
ture" we have the law of Oregon as
It must now be stated.
The constitutional amendment of
1906 reserves to the people of every
municipality and district the right
to enact all local and special legis
lation. It Is evident that the Inten
tion of tho legislature was to author
ize cities and towns to exercise any
and all municipal powers which tho
people as a whole had the right to
exerciso within the same district. It
is evident also that it was Intended
to simplify the right so that It could
be exercised without having recourse
to the people as a whole or to the
legislative assembly. The powers to
be exercised are any which are nec
essary for the well being of tho com
munity within the limits of the dis
trict or municipality. They must
and do require that all waterways
which aro Included In that district
be regulated and controlled by the
people of such community. The
cities of Coos Bay have grown up
nnd exist by reason of the fact that
Coos Bay Is accessible to ocean going
vessels and that Its waters are navi
gable. The well being of these cities
depends on the efficiency of this
great waterway as a highway and
haven of commerce. There Is no
corporation or power now In exis
tence except the governments of
these munlciimllties which can take
control of these waters, Improve
that harbor, police It or do any of
those acts which are so necessary to
Its improvement. It is as necessary
to tho welfare of tho state of Ore
gon that this bay be Improved and
Its efficiency Increased as that any
other great navigable stream or body
of water should be Improved. I
think the language of the court in
the Port of Portland case, applies
as well to Coos Bav as to tho Colum
bia river and I will quote that lan
guage substituting tho words "Coos
Bay" for "Columbia and Willam
ette." "It Is a fact of which this
court will take judicial notice, that
tho Port of Coos Bay, a district
which Is now the cities of Marsh
field, North Bend, Empire, Bunker
Hill, Bay Park, East Marshfleld,
Mlllicoma, Blanco, Crawford Point,
Coos Bay City, Glasgow, and North
Port, Is the commercial metropolis
of southwestern Oregon.
It Is tho center of trade and com
merce for a vast section of country
simply because here the commerce of
land and sea meet, and through this
city the country trades with the
world at large. It holds communica
tion with the sea, the great highway
of commerce by Coos Bay, and can
only retain Its commercial supremacy
by the maintenance In this bay of a
ship channel of sufficient depth to
enable tho largest sea going vessels
to find anchorage at its wharves. Its
present prosperity Is duo to the fact
that It Is the center of trade and
commerce which -it would not be, If
this bay were closed un, and which,
in all probability it will not remain
If the Improvements contemplated
are not made. The people of the
Port of Coos Bay will reap the prin
cipal benefit from the proposed ex
penditure, and It Is not unconstitu
tional that they should bear tno
burden."
In this connection let me also say
that tho limits of Marshfleld as at
present defined, do not Include the
channel of tho bay. Tho question
might arise as to whether the city
would have tho right to raise money
by taxation to Improve the bay, If It
should amend Its charter for that
purpose. The reasoning of the case
of Cook vs. the Port of Portland
seems to settle that question, but
how far the public monies could be
legally expended beyond tho Imme
diate vicinity of the city would be a
serious question.
I will advlso the committee that
the most efficient method of carry
ing out its purpose, Is to consolidate
all tho cities, towns and districts
around tho navirable waters of Coos
Bav into one city or municipality
pnd rav judgment in tit something
like fifty square miles should bo em
braced In tho now city. Tho laws
with reference to consolidation aro
amnio and have been Invoked so re
cpntlv on this bav that no statoment
or elucidation of them Is Iito re
nulrpd. It la sufficient to point out
briefly the beneficial results which
such consolidation can accomplish.
The first of those results is that tho
charter of the now city can and
should provide for some form of
commission, whoso duties shall be
similar to thoso of tho harbor com
mission of the Port of Portland. This
city so formed should have the power
social Interests of the people every-
wnere in the proposed district are
one. They have but one great com
mon object In assembling on Coos
Bay and that Is the bay and its
uses. This alone Is sufficient to war
rant immediate consolidation of all
the forces which are active in the In
terest of progress. Coos Bay Is
waiting for united action on tho
part of all her friends and the longer
she is compelled to wait the more
serious, and perhaps the more hope
less her condition grows.
There Is one objection which is
urged by some very earnest and
honest opponents which should be
answered. They consider that each
city would lose its separate post
office and that possibly its pre
dominant section politically would
discriminate against tho rest. This
is altogether unnecessary. The plan
on which eastern cities unite Into
what are called greater cities can
well be adopted. Greater New York
Is divided into five boroughs Man
hattan, Brooklyn, Bronx. Queens
and Richmond. Each borough has
a borough government with its own
local Institutions, it borough coun
cil and president and Its own post
office. The post-office Is not In
volved, however, as the federal gov
ernment controls that. Greater New
York has its own city government
which has special control over all
matters which are of common In
terest to the five boroughs. The
whole system Is simple and easily
understood, besides being efficient
and up-to-date. Let me Illustrate.
If the city of Coos Bay should em
brace all the territory mentioned,
North Bend, Marshfleld and Empire
would continue to be called by their
present names, If so- desired. The
borough of North Bend would have
Its own post-office and would be regu
lated as at present. It would also
bo divided Into a number of dist
ricts and each district would have
one representative In tho borough
council. The borough would have a
president who would be the execu
tive. This body would look after
purely local affairs. Empire and
Marshfleld would be similarly or
ganized. The east side, including
perhaps, Northport, Coos Bay City,
Crawford Point, Blanco and Mlll
icoma would constitute another bor
ough and East Marshfleld and Isth
mus Inlet still another. The Greater
City of Coos Bay would have Its
mayor, Its city council, and other
executive officials and would have
exclusive jurisdiction of all lnter
borough commercial relations, Im
provements, harbor matters and
taxation with certain limitations.
But the outside world would hae to
treat with the City of Coos Bay.
Tho matter of assuming any pub
lic Indebtedness would be avoided,
as under the plan proposed any ex
isting municipal indebtedness might
continue to be the exclusive burden
of tho borough which incurred It as
a city.
Tho objection that tho area, nuy
square miles Is too largo for a com
paratively small population is uui
tenable. Let me remind you that at
least twenty of tho fifty square
miles aro what are known as mud
flats and should be treated as an
adjunct to the harbor and regulated
as such. The whole territory is not
as large as that covered by the city
of Duluth which has a population
of 65,000 and an area of sixty-seven
square miles. Sioux City, iowu,
has forty-eight square miles and only
40,000 people, New Orleans has
ono hundred and nlnety-slx square
miles San Diego, California, has
seventy-eight square miles. Taun
ton, Massachusetts, with a popula
tion of 25,000 has -fifty square
miles. St. Paul, Minnesota, has fifty
six squaro miles. The need of con
trolling a largo area In the cities
mentioned, except New Orleans, San
Diego and Duluth, Is not so plain as
on Coos Bay. In those cities tho har
bor and water front necessities have
been recognized In tho territorial In
clusions. The city of San DJpgo Is
specially In point. Its population of
25,000 is not less prpsumptlous In
its arpa of seventy-nine squnro miles
than that of Coos Bay would bn In
fifty. But Its harbor npeds have
been pre-eminent and controlllne In
tho minds of tho pop1p. So far ns
Coos Bay Is concerned tho objection
that the area would be largo will
soon bo onsworP'l hv tho assembling
of a sufficient population to 8iigeat
a still furtlipr oxtennlnn of tho olty
limits. But It I not population, nor
wealth, nor politics whlrh offor the
best argumont for consolidation horo,
but rather the unity of tho bay. I
havo said on another occasion what
I want to repeat now. Coos Bay be-
1
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and by rntira anil Tou will receive your bank
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mom cm -
a aavaiJU vmv j
Everybody
STEAMER. FLYER
M. P. Pendergrass, Master
and 10:30 a. m and 1:00, 2:30
and 4:00 p. m.
Leaves North Bend at 8:15,
9:45 and 11:15 a. in., and 1:45,
3:15 and 5:00 p. m.
Makes dally trips except Sun
days. Faro: One way, 15
cents; round trip, 25 cents.
TIME TABLE.
Leaves Marshfleld 7:30. 9:00,
and
NORTH BEND
FASTEST BOATS
ON THE BAY
Half Hour Schedule
Rui Between Murshfleld -nd North
Bend Made iu 112 Minutes.
Private Landings.
Faro: One war, 15c; rou,d trip, U3c.
J. A. O'KELLY, Proprietor.
TheC.B.,R.&E.R.R.
and Navigation Co.
THE C. B., R. & E. R. R. & N. CO.
TIME TABLE.
Subject to change without notico.
No. 1.
Lv. 9:00a.m,
Lv. 9:45a.m
Ar.l0:20a.m.
Dally, ex.
Sunday
Marsh'd
Junction
Coquillo
Myrtle Pt
No. 2.
Ar.l2:30p.m.
Lv.ll :30a.m.
Lv.l0:45a.m.
Trains to and from Beaver Hill dally.
F. A. LAISE, Agent.
Bank of Oregon
Capital Stock fully paid up
$50,000
Transact! a General Banking
Business
North Bend,
Oregon
L32
One of the Largest Shipments of
Pianos Ever Landed in Marshfield. at
one time.
The Plant lms a largo consignment of Pianos for tiro Taylor
Piano House. This will give us tho best selection of High Grado
Instruments thnt has ever been seen In your city at ono time.
Amongst tho lot nre AVcbcrs, Hardmans' Hobntt M. Cable, Mar
shall & Wendells, Price & Tccplc, Bailey nnd other popular
makes.
If you arc anticipating the purchase of a piano within tho
near futnre nnd will tako the tlmo to visit our store this coming
week you will bo convinced nt a glance thnt wo are giving tho
greatest value that has ever been offered in the piano market,
and also sell them on tho cosiest possible terms.
"Wo will nppreclato your call, whether yon aro In tho mar
ket or not. Wo received today iiSO records of tho very latest se
lections, which we nre always willing to piny for our visitors. A
full lino of Victor nnd Columbia Talking Machines sold on easy
payments if desired.
?
Taylor's Piano House
BROADWAY
$
The Coos Bay Times, 1 year ... $ 5.00
A Good Talking Machine, value . . 25.
Six Standard Records, value .... 3.
Total Worth $33.60
All For Only $25.1
SPECIAL TO TIMES READERS
$1.00 a week pays tho cost
By subscribing to tho Coos Bay Times for ono year you can obtain
a regular $25.00 hlghgrado Talking Machine and bIx records of your
own selection included. Amount saved to you is $7.40. This la
tho best combination offor and tho most popular over made to the
Coos Bay readers. Open only to thoso subscribing to tho Dally
Times.
Delivery Is promptly mado upon paymont of 2.00. Thereafter
$1.00 a week until tho contract Is completed. Sond In your order
at onco. Call, phone or write.
Taylor's Piano House, Broadway
Coos Bay Times Office, - Phone 1331
Marshfleld, Oregon.
'VvvAWAAvwvlA
Saddle Rock Restaurant
J j $ j j wj J f J J J S' C $ 5 $
PI1XO STUDIO
of
LOUS II. BOLL
Is now open for reception of
pupils. Parlors over Taylor's
Piano Storo. $
j j $ $ t J $ t ? $
Come See and What
We Have To M
mill
Proa
PuUthe
BELL CORD
Wet Your Whistle Then Blow
J. R. HERRON, Prop.
front Street, I : MarihfUld, Orcton
AAAAlwwwwwwA.vwAwAvwAlA
Waterman's Ideal fountain Pens the best on the market
absolute guarantee, for sale at the ......
- - RED CROSS - -
j
MtHkH