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About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View Entire Issue (April 7, 1909)
PAGE THREE. TnE TORT LAW ARTICLE ni. THE BREAD OF IDLENESS. TEXT OF NEW PORT LAW 102 103 104 105 106 2 3 4 5 6 7 1 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 26 26 27 28 29 30 31 32 33 34 35 36 37 38 39 i 41 42 43 44 45 46 47 48 48a 49 50 51 52 53 54 55 56 67 58 69 60 61 62 63 64 Tip,ffi (Continued from Page 2.) lection of taxes In the spring next following, and shall be entered on the tax rolls and collected as one tax of and for the said corporation of a per cent or rate In the aggregate equaling the aggregate of the general and special tax so levied by said corporation during such year under the authority herein granted. Property shall be subject to sale for the non-payment of taxes levied by the said corporation In like manner and with like effect as In the case of county and State taxes. Section 8. The power and authority given to corporations organized under the provisions of this Act Is veBted In and shall be exercised by a board of commissioners five In number, each of whom shall be a qualified voter within the limits of said corporation. Within ten days after the issuance by the county court of the proclamation provided under Section 3 of this Act the Govornor of the State of Oregon shall appoint a board of Qve commissioners, each of whom shall be qualified voters as aforesaid. Such commissioners shall meet at such placo within the limits of said corporation as the Governor shall designate on the fifth day after their appointment, and shall organize as a board, first making and subscribing to an oath of ofllco to the effect that they will support the Constitution of the United States and of tho State of Oregon and the laws thereof, and will faithfully discharge the duties of commis sioner to tho best of their ability. The term of office of commissioner shall be determined by lot at the first meeting of the board. Two of said commissioners shall hold office until tho first day of January next following the succeeding general election held in said State ot Oregon, and tho remaining three of said commissioners shall hold office until the 1st day of January following the second next general election in said State. At such first general election two commissions shall bo olectedf each to hold office for tho term of four .years from the 1st day of January following such election, and at the second general election three commissioners shall be elected, each to hold office for a term of four years from tho 1st day of January following such annual general election. At each succeeding goneral election held in the State of Oregon thereafter, commissioners shall be elected for a term of four years each, to take tho place of thoao whose terms of office expire pn the first day of January following tfuch election. At all elections herein mentioned persons having qualifica tions prescribed by law to vote for county officers within tho limits of any such municipal corporation shall be logal voters, qualified to vote at the elections of that municipal corporation under this Act and not otherwise; and the nomination and election of commisloners under this Act and the canvass and re turn of votes shall be conducted In the same manner and at the same time, and under the same penalties as are or may be prescribed by law for the govomment of nominations and elections of county officers in the county in which such municipal corporation exists. The board of commissioners shall meet at such place or places within such corporation as they may from time to time determine upon. The said board of commissioners shall hold at least one regular meeting In each month on a day to be fixed by It, and may hold special meetings under such rules as it may make therefor. Said board of commissioners shall choose from their number a procldent, vice-president, a treasurer and a secretary who shall hold their offices until tho next election of officers, and shall respectively have the powers and perform the duties usual in such cases, ani shall be known, as the president, vice-president, treasurer and secretary of the said corporation. Tho treasurer shall give bonds as such to the said corporation conditioned for the paying over by him ot all moneys coming into his hands as such treasurer, the amount of which bond shall be from time to time fixed by tho said board of commissioners as based on the amount of money In tho hands of such treasurer or liable to come Into his hands as such. All expense Incident to the giving ot such bonds, if any such there be, shall be paid by the said corporation from its general funds. No commissioner shall olther directly or Indirectly receive any salary or compensation for his services as a commissioner, or for acting as an officer of the said corporation. The said corporation may employ such engineers, superintendents, mechanics, clerks or other persons as it may find requisite, ne cessary or convenient In carrying on Its work or any part thereof, and at such a rate of remuneration as it may deem just, and pay the expenses actually Incurred by any one or more commissioners so incur red by him or them In the service of said corporation. All moneys of any such municipal corporation shall be deposited In one or more banks to be designated by the commissioners, and shall be withdrawn or paid out only when previously ordered by vote of the commissioners and upon check signed by the treasurer and countersigned by the president, or in his absence or Inability to act, by the vice-president. A receipt or voucher showing clearly the nature and Items covered by each check drawn shall be kept on file. Annual reports shall be made and filed by the president, sec retary, and treasurer, and at least once In each year a full and complete itemized statement of receipts and expenditures shall be published In a newspaper of general circulation, published in the county in which such municipal corporation is situated. All proceedings of the commissioners shall be entered at large in a record book and all books, maps; plans, documents, correspondence, vouchers, reports and other papers and records pertaining to tho business of the corpora tion shall be carefully preserved and shall be open to Inspection as public records. Vacancies in the board of commissioners occasioned by death, resignation or removal from within the district shall be filled by the remaining members of such board of commissioners, but said member so elected by the board of commissioners shall hold office only until the 1st day of January next succeeding the next regular goneral election held in said State of Oregon. In the exercise of the initiative and referendum powers reserved under the constitution of the State of Oregon to the legal voters of every municipality and district as to all local, special and municipal 'legislation of overy character in and for their respeotlve municipalities and districts the president of tho board of commissioners of said cor poration shall exercise the duties of mayor of a city or town and the secretary shall perform the duties of auditor or recorder of a city or town, and tho attorney of the corporation shall perform the duties ot the attorney of a city or town, and if there be no attorney of said corporation then the duties requir ed of attorney shall be performed by the secretary of such corporation. H. B. 28. H. B. 28i ARTICLE IV CONSTITUTION OP OREGON, SECTION la. THE REFERENDUM MAY BE DEMANDED "BY, THE PEOPLE AGAINST ONE OR MORE ITEMS, SECTIONS, OR PARTS OP ANY ACT OP THE LEGIS LATIVE ASSEMBLY IN THE SAME MANNER IN SUCH POWER MAY BE EXERCISED AGAINST A COM PLETE ACT. THE FILIVG OP A -REFERENDUM PETITION AGAINST ONE OR MORE ITEMS, SECTIONS OR PARTS OP AN ACT SHALL NOT DELAY THE REMAINDER OP THAT ACT FROM BECOMING OPER ATIVE. THE INITIATIVE AND REFERENDUM POWERS RESERVED TO TnE PEOPLE BY THIS CONSTI TUTION ARE HEREBY FURTHER RESERVED TO THE LEGAL VOTERS OF EVERY MUNICIPALITY AND DISTRICT, AS TO ALL LOCAL, SPECIAL AND MUNICIPAL LEGISLATION, OF EVERY CHARACTER, IN OR TOR TnEIR RESPECTIVE MUNICIPALITIES AND DISTRICTS. TnE MANNER OF EXERCISING THE SAID POWERS SHALL BE PRESCRD3ED BY GENERAL LAWS, EXCEPT TnAT CITIES AND TOWNS MAY PRO VIDE FOR THE MANNER OF EXERCISING TnE INITIATIVE AND REFERENDUM POWERS AS TO THEIR MUNICIPAL LEGISLATION. NOT MORE THAN TEN PER CENT OP TnE LEGAL VOTERS MAY BE RE QOTRED TO ORDER THE REFERENDUM NOR MORE THAN FIFTEEN PER CENT TO PROPOSE A MEAS URB, BY THE INITIATIVE, IN ANY OTTY OR TOWN. By Francis II. Clarke. THIS ARTICLE MUST be confined to the Powers of the Port of Coos Bay. Section 7 of this Port Law enumerates theso powors and, in the nature of things, makes them sufficiently broad so that tho Port will be a real and not an Imaginary tiling. Let it be remembered that it was framed to suit other localities as well as Coos Bay. This Port will never got a better law unless it organizes its district and makes a better one by amendment. But the powers enumerated in tho law are precisely those xerclsed by Portland (it is practically a copy of tho Portland law), Seattle, San Francisco, San Diego, New Orleans, Galves ton, Boston, New York and Norfolk. It Is barely possible that It can bo Improved, but I would not llko to be charged with sufficient conceit to suppose that I could Improve on the ripe and long experience ot tho ports of tho world. Let that wise man who will venture to criticise those ports and their laws do his "waltzing" with them. Now, "l want ycu to note also that tho powers are not extended to tho Commissioners but to 'the Port. Bear that In mind and at tho same time remember that the Fort is a Corporation composed ot its inhabit ants. With this starter let us see what powers the Inhabitants have under tho law. First They have tho power to Improve all bays, rivers and harbors within the limits, of the port. But they are confined to such Improvements as their means will allow. They may also con struct Euch canals, basins and waterways as they deem necessary or con venient for the benefit of tho port. 2nd It, the Fort, that Is tho People, may contract wlih tho United States. I wish you to appreciate the fact right here that one of tho greatest drawbacks to improvements on Coos Bay at Federal expense has been the inability of tho United States to find any corporate body to do business with. 3rd. "In carrying on any work In this act provided to bo carried on the corporation (that Is the Inhabitants of the district) shall have tho same right of eminent domain and to take property for public uses," that railroad corporations have. This Is a very important provision. Now, I will propose' again for Il lustration the case of the mud flatB. I am speaking plainly and it Ib possible that some will think I am not discreet. But I feel very sure tho people aro discussing these matters and I propose to be frank and plain. Suppose the commission should decide to purchase the mud flats or, as they are prettily called, "tide lands," and should by resolution direct the payment of $130,000 for them. Sup;ose the outraged Inhabitants should invoke tho Initiative and Referendum and compel the holding of an election to decide the question, and should vote not to purchase, but would vote to condemn tho lands and take them at a fair price. The ownerB object. But the Port has the right of eminent domain and takes the land or some part ot It anyway and fixes the price at $26 an acre. Tho owners appeal and a jury is called In to assess tho dam ages. -In that case, wo might expect the amount of damage to be reas onable and tho people could take the land at tho price assessed or not as they pleased. 4th This subdivision gives the Port (he full control of all tho waters In the dlBtrlct. It also empowers the Port to change wharf linos, make and charge regulations for shipping for the use and navigation of its waters and to remove obstructions from the harbor or wators and to punish violation of regulations. It is difficult to see how anybody could object to theso regulations except trespassers and obstructionists. 5th This subdivision provides for the establishment nnd mainten ance of tug boats, pilot boats, towage service, etc , and for tho collec tion of foes for the services rendered and of salvage. .1 suppose some day the port will have its own tug boats, pilot boats, etc., and will realize profits as other ports do and use he profits to Improve the har bor. 6th This subdivision provides that the port can purchaso or con demn landB for the uBe of Its shipping (tho mud flats for instance) and also purchase waterfront and Improve the same. It may also estab lish and maintain a dry dock, collect fees for the use of the same and collect fees for the use of public docks. Some people profess to believe that this concealB a Bcheme to buy up all the tidal area that some grafter might want It to buy. Their timidity and fright wherever It Is proposed to do something, lest an assault be made on them, Is certainly pitiable. Don't you know tho best vay to avoid drowning? Answer: Don't go near the water. How shall we avoid grafting by bvll disposed persons. Answer: Don't or ganize a Port. Don't get wealth and then the thieves will let you alono. What is the most effectual way to avoid doing wrong. Answer: Don't do anything at all. Lie down and die. I suspect there will always bo graft ing. Jf yon don't get a Port I wouldn't be surprised If the entire harbor were btolen some day. That Is not So lmpiobable either. If those mud flats should become the property of a Railroad Company and you had no Port to take care of the bay, It may occur that tho next generation will see the flats or tide lands occupied by a railroad and just a little channel three hundred feet wide nil that can bo Been of our once beautiful Coos Bay. believe that danger Is One which Is not very remote. 7th The Seventh Subdivision is a sweeping provision which was cop ied from the Port of Portland law and it gives tho Port general power to do nnythlng which may tend to Improve the shipping conveniences of the hnrbor. 8th. This subdivision provides that tne Port (that Is the people) may borrow money and sell and dispose of its bonds to carry Into ef fect its purposes. It is not permitted to pay more than C per cent In terest on Its bonds or to Issue bonds in excess ot ten per cent of tho assessed valuation of the Port. " Right here Is where tho attention beccmos fixed It was at one time considered by me that we should say nothing In the law about the limit at which tho bonding of tho Port should stop. Not that I be lieved wo should be anxious to Incur Indebtedness, but because if we fixed a limit in the law, somo very timid people would think wo might jump to that limit at once. Then, I said, fix tho limit at five per cent of the assessed valuation, for that Is tho limit sot by most municipal ities. But the commission which framed tho law said It should be fixed at ten per cent. I did not think the Inhabitants of Coo.t Bay would go Insane and press their credit to tho limit merely because they could, and I know that they had the Initiative and Referendum and could check any such flighty action of their commissioners If any were at tempted. Neither could I seo any justification for bonding up to the ten per cent limit unless there was a promise on the part of Congress to appropriate close to two millions for tho Jetties on condition that we expended half a million on tho bay Itself. Then tho people might consider It. Even then what would bo the effect? Tho assessed valua tion ot the proposed district Is approximately $5,000,000. If we bondoi for half a million tho bonds to run twenty years and to bear intereu at six per cent the present valuation would be charged with tho payment of $30,000 per year Interest. That would be six mills. But It tho harbor were made as good as tho $2,000,000 on the bar and Jetties and the $5)0,000 on the bay could make it, I have no doubt that wo would not only get railroads but that we would find tho aBsossed valuation quadrupled in ten years. That would make $30,000 per an num equal to a tax ot l mills. But money for such a purpose can bo got for 4 per cent. In other words the people of Coos Bay . could have a groat world harbor and capital which was induced to come in and build a great city would bear the burden of taxation and ultimate ly pay the bonds. But that Is a matter wblch will be discussed somo day, no doubt. It Is absurd to attempt to cross a bridge until we get to It. My. own belief Is that no Commission will decide to Issue bonds without submitting tho proposition to a vote of the people. Why do I think so? Simply because I would be astonished if eight per cont ot the voters on Cooa Bay would n0t alv-ays be ready to demand such cubmUslon under the Initiative and Rattrendum. work labor their IDLE BREAD IS DANGEROUS broad It Is poison. The broad that is not earned builds knaves, fools, criminals. Tho bread of idle ness is tho narcotic of virtue, useful ness, decency. It Is moulded by weakness and eaten by selfishness. Those who feel it are the worst enemies of their own blood; those who eat turn to snap like wolves at the hands that fed them. Still tho woakness that provides and the lazy gluttony that thrives on It increases. Foolish fondness keeps on ruining young men and young women who might amount to something and be useful to them selves and others: Fathers beyond the natural years of and beyond the limits of strength to keep lazy louts in idle ness, to pay for the clothes they wear, earn tho food they eat, hoping against hope and assuming a false burden of paternity. The cheap pool hall knows the typo; the saloons know him; his Is a familiar face In tho five cent crap game; the scarlet woman knows and despises, him even In nor Bhame. He Is a "cheap skate." His father holds him up." If he manages to get hold of a few dollars by hook or crook mostly by crook he Invests In glaring clothes, woars an Imitation "spark," swag gers about tho resorts between meals and goes homo to eat three times a day. Sooner or later he steals. He must steal If he will not work for he must gratify his vices. They are his whole lite. He lives entirely within them. They enclose his aspirations, his hopes, his future, all that ho Is or expects to be. His mind travels round and round In a circle of vicious pleas ures. Is it any wonder he steals? How can he help It? His moral at mosphere Is a stench. 'When ho goes to the gutter none pity him. When ha lands In the penitentiary all are relieved. Tho only sympathy ex tended is toward his "hardworking parents." And most of that is undeserved. He has his sex type. She flaunts in ribbon along the street. You can see her any night perched In a stairway away from tho light, with him. Her mother has washed the dishes at home and Is waiting for her, wondering why she ever bore children. She doesn't do her own Ironing. She lies in bed jof a morning, getting rested for the next midnight prowl about town. Her face Is bold, her manner flippant, hor eyes hard with a knowledge she were better without. About the time he goes to the pen she seoks a maternity home. And her old fath er and mother shun tho eyes ot their neighbors. Have you a boy growing Into the type? Sot him to work while oppor tunity endures. Don't try to make a silk purse of a sow's ear. Sot him to work. Exerclso the ordinary common senso you would employ were ho your neighbor's son. There Is only one thing that can reform him. Work. Hard work. Plenty of It. If necessary turn him out to shift for himself. Man first learned tho sweets of labor in the fear of starvation. Young man, aro you going that way? Aro you In training for the rags of a tramp or the tripod garb of a convict? Quit It now and go to work. Size up your older asso ciates. Do you care to recruit their ranks? There aro only two ways. Size up the crows that turn elthor way at the cross roads and take your choice. It Is up to you. Idle bread 1b tho culture of every germ that breeds crime, worthless ness, contomptlblllty. Its bacilli are more deadly than Eborths, Its virus as certain as cyanldo. Don't eat It; don't provide it. That taxes will lncroase every year seems to bo as certain as death. A man cannot convince you that he is culturod the first tlmo ho meets you, but many of them attempt it. The empty back soat of a big automobllojs one of the things that add to the discontent ot the man on foot. Look at ten Coos Bay women theso days and the way seven ot them wear their hair will make you laugh. It is hoped that tho increased tariff on lemons may act as a restrain on Harrlman handing any mora to Coos Ba7. . , 1 J i rYrYnrttiiiiiiii-ifc-- ito;-fati kA ..