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 ..