East Oregonian : E.O., September 19, 1908, EVENING EDITION, Page PAGE EIGHT, Image 8

PAGE EIGIIT.
DAILY EAST OREfiOXIAN, PENDLETON, OREGON, SATURDAY, SEPTKMHEH 19, 1908.
FOURTEEN PAGES.
FERGUSON 0
7
IKE
W oiij) ii we rrorn;
USE RKITHUCNDUM
Ralss Multitude of ObJoctJons to
PrhllipN drained Walla Walla
Company by City Pothers and
Seeks to Have Keferendum In
voked Plmls Many Minor Ilaws In
Frani'liK' Ordinance.
lYndli-ton, Ore.. Sipt. 17, 190$.
To the Taxpayers and Citizens of the
city of Tendleton, Oregon:
There has been so much discussion
privately over the recent franchise
granted by our city council to Walla
Walla parties for a street railway and
electric power and lighting line, es
pecially since the action of the Walla
Walla mayor In vetoing their ordi
nance, that I have been requested by
some of the most prominent of our
citizens to take up this matter pub
licly and discuss the full terms and
meaning of this ordinance.
1 have already been made to feel
that I have been guilty of treason for
to much as daring to breathe a word
against this sacred document and as
I stand convicted my punishment can
be no greater by a further violation.
In the first place I have never been
able to understand the necessity of
to much haste on the part of out
council In the matter of passing this
ordinance. It would surely seem as
though in a matter as important as
this and which means so much to the
citizens that time would have been
taken to ascertain the desires of the
ppnple. While It Is true that the city
council is elected to represent the
people it is also true tnat tney are
expected to carry' out the will of the
people.
In the franchise which was hurried
through the second and third reading
o rapidly there are many things very
vital to the interests of the city of
Pendleton. This is a contract between
the people and this corporation and
It ! entirely without the fundamental
requisites of a legal contract. In that
It Is not built upon an equitable foun
dation. Equity and "consideration" j
were lost sight of entirely and the
result is that this corporation has
been presented, entirely free, without
the payment of so much as one dol
lar, with the use of the streets of the
city, with permission to use the alleys,
iidewalks and any and everything In
sight for their power and railway line
and In return they promise absolute
ly nothing.
Councilman Strain in his remarks
before the pasage of this ordinance,
publicly admitted that he was not
satisfied with It, that he felt ashamed
of his part of the affair, and that he
thought It could go to the people and
that the committee had tried to get
concessions from this corporation but
had failed. Whoever heard of a pe
titioner and supplicant dictating the
terms of his benefice? It was not for
the committee to try and get terms
from this corporation, but it was their
duty to dictate to these people. The
railway people were offering nothing,
they refused to give ground at all. If
they displayed their character In this
manner before they received what
they desired what will they do after
they are safely entrenched in their
rights? Are they gilng to be any
more compromising or lenient when
the Interests of the people conflict
wi'h theirs In the future, or will they
continue to dictate not only to the
council, but to all the citizens of this
city and give their orders as to what
will have to be d'ne?
Taking up this franchise section by
section we find that under Section 1,
Max Baumeister, his successors and
assigns, are granted a franchise over
Alta street, Court street. Walnut
Ftree-t and Benefit street "and over
uch other streets as the said Max
Baumeister or his assigns may select."
Under this franchise it will not be ne
cessary to again ask permission to go
anywhere they want to go within the
city. This section also provides that
he Is "empowered and authorized to
construct, maintain and operate a
modern standard guago electric rail
way with the necessary turnouts and
switches? Whore are there any spe
cifications as to how many will be
necessary? What is there to prevent
having switches on every street In
this city and If they do have them
where will there be room for any oth
er railway line to pass down the
street? There Is absolutely nothing In
this section wherein they agree to
give any class of service, they do not
agree to equip their cars with the
latest safety appliances or any safety
appliances. They do not agree to
keep In continual operation or to op
erate at all. They do not agree even
to construct or maintain the neces
sary crossings over their tracks at the
street intersections. Not being satis
fied with giving them power to ope
rate an electric line they have also
added "or other mechanical power."
What does this mean? Can any mem
ber of the council explain It? Would
a common gasoline car such as are
used by the roadmasters on the rail
roads for their own use or an auto
mobile fitted to run on the track be
sufficient to hold this franchise? And
If tjils company provided themselves
with such a car and ran It once a
month or once a week over the track
would they be operating within this
ordinance? Max Baumeister is fur
ther "authorized and empowered to
set the necessary poles and to string
the necessary wires in such manner
and at such places In. along and over
all the streets, alleys and sidewalks
In tlie city of Pendleton for the uses
of such railway and for the trans
mission of electricity. And do all ne
cessary In the premises."
Suppose a dispute arose as to what
was necessary In the premises, who Is
to decide? If you, Mr. Brown, or
Mr. Smith, should get Into a dispute
about the position of some unsightly
pole directly In front of your resi
dence, or If one of your favorite shade
trees should be directly In the way of
what they claimed was necessary for
their purpose, who Is going to see
that your rights are protected? Who
is going to decide this dispute?
But the next section they sav Is
Now then, they are to have three
miles within the city limits, connect
ing therewith. With what? Under
this It must be with the city. If they
are not already connected therewith
It Isn't because tho council have pre
vented It. What kind of cars are
they going to run? How often are
they going to run these cars? Will
they operato one day a month, one day
In each year or how? What does
"and In operation" mean? Who has
the answer? Also regarding this
pavement; supposing Alta street Is
paved or any of the other streets; do
they agree to pave between their
tracks on streets to be paved In the
future or Just on the paved streets?
We have only a few blocks of paved
streets at tho date of this ordinance.
Now then for Section 5:
"The cars of said electric railway
j shall not stop on the street Intersec
tions of the city except to avoid acci
dents,"
Vo they have to stop any place? Do
they under this clause have to stop
at the end of each block to take on
and let passengers off? Is there any
thing here regulating them at all re
garding stops? Do they have to car
ry you to the crossing or will you at
the command of their conductor get
off in the mud and swim for It?
Now, under section 6 is where we
fixed them: We got free rides for
our policemen and firemen "while on
duty." This I presume means that
the fire boys can change off while
fighting a fire and half of them at a
time take a street car ride free of
charge. They don't have to recog
nize a fireman's badge at any time
anil In ense there Is a dispute between
the conductor and the fireman re
garding whether he's on duty or not,
who's going to decide It?
Section 7 Is where they are regu
lated again:
"The cars of said traction company
shall not travel at a greater speed
than 12 miles per hour within the
cltv of Pendleton and It shall haul no
freight cars except for express and
mall carrying purposes."
What express do they expect to
haul and where will they deliver
mail? What are the limits to the
Jf
art
Nature
intended man
to be happy and
to be able to give
'a
V
Smile All the While
Look at healthy children look at the healthy
man or woman and you see the pleasures that come
from perfect health the protection that wards off the
excesses of life to-day
Ghirardelli's Cocoa
the perfect food drink braces up the system
strengthens the body and enthuses
the brain into perfect activity
besides it pleases the palate,
too.
the cure-all. The advocates of this 1 s,zo ot l,u'se express packages .' w no
corporation point with pride to the
Insertion of this section. Let us see.
"The tracks of said railway shall
be laid over the streets of the city
of Pendleton so as to conform to the
established grade of the city, and
under the supervision and with the
approval of the common council and
the poles for said railway shall be
I is to decide whether it Is express or
common freight and express tax
on it? They have a right to haul
this in freight cars, who is going to
know (hat the contents of said freight
car is not freight? Continuing:
"Over its tracks within the city of
Pendleton between the hours of 7
o'clock'a. in. and 8 o'clock p. m., ex-
30 cups
of a delicious
drink
25c
ft:
ereeted and wires strung under like cert as hereinafter provided or by
Thousands Hare Kidney
Trouble and Never Suspect it
I'revalenty of Kidney ! .!..
Most people do not realize the alarm
fog increase and remarkable prevalency
ot ki'lrieytiisrasc.
While kuJnev dis
orders are the
most common
diseases tliat pre
vail, they arc
almost the last
reconicd by
patient and phy
sicians, vln run-
(,!,( till In ml ri t
with dort'iring the ifrrtt, while the cWy
iniil dituut undermines the lystcm.
What To Do.
There is comfort in the. knowledge fo
often expressed, that hr. Kilmers
Swamp-Root, the jrrcat kidney remedy,
fulfills every wisii in curing rheumatism,
pain in the- b.'ck, kidneys, liver, bladdei
and every part of the urinary passage.
It corrects inability to hold water
and scalding pain in passing it, or bad
effects following use. of liquor, wine or
beer, and overcomes that unpleasant ne
cessity of lAjii:g compelled to go often
during the clay, and to get up many
times during the tii;;ht. The mild and
the extraordinary cllect of Swamp-Kool
is soon reali.'-d. It stands the highest
for its wonderful cures of the most dis
tressing cases. Jf you need a medicine
you should have the best. Sold by drug
gists in fifty-cent and one-dollar sizes.
You may have a sample bottle and a
look that tells all f-'P
lut it. both sent free Tttl::t
bv mail. Address Ur. EtepSfSa
Kilmer & Co., I!ing- 02ifc$k?
liamton, K. V. When Homo bunp-Ro.
writing mention this paper and don't
make any mistake, but remember th
flame, Lr. Kilmer's Swamp-Root, and
the address, Iiinghauiton, N. Y.
supervision and In no Instance shall
such poles be set in the center of any
street of the city."
Supposing Councilman Strain would
again come out publicly when there
had been a gross injustice done by
this corporation In the matter of lay
ing these poles and tracks and say
"Well, we tried to get them to do
that the way we wanted but they
would concede us nothing?"
Where Is there any provision that
this corporation shall be punlshd for
laying tracks or poles without first
receiving the sanction of the council
and what is that punishment to be?
The council may have the right to
supervise, but what are they going to
do if the company does not carry out
their orders? What power have they
reserved to themselves for handling
this corporation? The ordinance does
not state that In case of failure or re
fusal to lay these tracks and set these
poles according to the wish of the
council that their rights shall be for
feited, or that they shall not be em
powered to proceed further in the
building of these tracks or setting
thes? pole3 until a decision from some
court is had as to whether the wishes
of the council are reasonable or not.
Is this section the "cure-all" It Is sup
posed to be?
Taking up Section 3 we find that
"When the city for Improvement pur
poses shall require the temporary re
moval of any part of said railway,
tracks, wires or poles, and shall so
notify said Max Baumeister or his as
signs, he or his assigns shall, within
three days after such notice remove
such portion of such tracks, wires or
poles, until such period, not to exceed
five days, as the city shall have ac
complished the purpose of such removal."
T.'nder this clause we find this cor
poration dictating to the city. They
must not be Interfered with longer
than "five days." Supposing a case
of municipal improvement where It
would take 30 days or six months,
like the paving of the streets, the city
must after the five days pay damages
to this corporation for Interfering
with them. Some of their advocates
?;iy "Oh, but this means five days
without being able to run cars." It
don't say It. If their tracks are on
the established grade In the center
of the street and they are asked to
remove them to one side while pav
ing is going on, even though they are
able to run over the track. It Is a re
moval, for there Is absolutely nothing
In this section which mentions bc
ing able to operate in spite of the re
moval and can you demand that they
be Inconvc nl'-nced even so little for a
longer period of time than five days?
Section 4 they say is where the
committee made the corporation come
to time. Let us see:
"Said grantee and his assigns shall
have a minimum of three miles of
track of said railway constructed
within the city limits connecting
therewith (What this means I don't
know and want someone to tell me)
and in operation within one year and
six months from the taking effect of
this franchise, the rails thereon to
be not Icyss than SO pounds per yard,
and shall pave and maintain between
the tracks and for one foot outside
each of said tracks of said railway
constructed through paved streets
within the city limits with vitrified
brhk or wdth other material accept
able to the city council.
(Here's a chance again to hear,
"well we tried to get them to make a
decent pavement there, but they
wouldn't concere anything.")
special permission of the mayor of
the city of Pendleton."
This puts the whole thing in the
hands of one man and what Is to
hinder them using their wonderful
influence with this one man and get
ting anything they want?
The next section Is where they pre
sented them with all that was left.
Look at this:
"The grantee shall have the right
to lay and maintain its tracks across
the tracks of any other railway at
such points within the city of Pen
dleton as It may find necessary for
the effective construction and opera
tion of Its own railway and to main
tain the same during the life of this
franchise."
Do they agree to allow the other
fellow to lay his tracks across theirs?
What will the other fellow say about
the council granting them the right
to go over his tracks anywhere they
choose? Mr. Jones In his talk to the
council stated that the state laws and
the state railway commission con
trolled this matter, anyway, but if so
why did he insist on having this
clause in the franchise? His reason
for so doing may show up later. Now
for a finisher they put a stopper In
the bottle. Listen to this:
"The grantee or his assigns shall
have the right to permit cars of any
other connecting line or traction
company to operate over any part of
its lines and may collect a reasonable
chargo therefor."
Do they say that this corporation
must allow others the use of their
tracks? Supposing they are on the
only street which permits the en-
j trance of another company to the
city, how will the other fellow get in?
in menus oi tnis corporation say
"Why, anyone can come." Of course
if he gets a franchise and a right to
make the present corporation move
over to allow him room. Just hov
easy this will be can be seen by any
citizen who will walk over to Webb
street. Here's a standi! rd guago
clown the middle of the street. Oo
see for yourself where another fellow
could mine down the street. How Is
the older fellow going to come In?
All they have to do Is to lay their
tracks on the street, then the other
fellow must settle with them.
Some of the supporters say: "It's
a great thing for Pendleton." I agree
with and heartily concur In this, hut
I do not believe It is necessary to pre
sent this corporation with the entire
city, reserving not even the power of
control over them.
considering the rranchise as a
whole, what have they promised to
do? What have they paid for the un
restricted freedom of. tho city, and
what Is there left even for the citi
zens? The time to attend to this matter
Is right now. We have tho refer
endum to fall back on and It certain-'
ly looks to mo as if this occasion was
one calling for the people to take ac
tion and defend their rights. The
council may' have a legal right to do
what they have done, but they have
no moral right to make such a bar
gain. Knowing the attitude of some of the
members of the council when this
franchise was first read, and their
ultimate action, I am forced to won
der what was the mysterious, mes
meric, power used by thin speculator
Jones to so completely get them with
in his control ns to march Into the
ring and go through the evolutions
with such precision and dispatch and
pass this ordinance without a voice
of dissent and are the people going
to sit Idly by until the time for In
voking the referendum has passed.
Yours sincerely,
CHARLES J. FEHOCSON.
YAI.K IXIVF.KSlTY WILL
HAVE NEW NEWSPAPER
New Haven, Conn.. Sept. 19. A
third dally newspaper has been estab
lished at Yale University and will
make Its Initial appearance on Mon
day. It will be known as the Dally
Post and will be circulated free, de
pending entirely on advertising for
subsistence.
The venture will be watched with
interest by newspaper men and ad
vertisers all over the country, for It
provides a test of the Idea that ad
vertisers could profitably get up and
distribute free of charge a general
newspaper fully equal to Its rivals.
Notice.
Anyone knowing themselves In
debted to the Alta House or Alta
House Feed Tarns will kindly make
settlement by calling upon E. L.
Goodwin, 703. East Webb street,
Coutts or Hays, room 12, John
Schmidt building, or see Mr. Bittner
himself, who lost so heavily by the
terrible fire September 2.
Foley's Orino Laxative Is a new
remedy, an Improvement on the lax
atives of former years, as It does not
gripe or nauseate and Is pleasant to
take. It Is guaranteed. Pendleton
Drug Co.
Passed Examination Successfully.
James Donahue, New Britain,
Conn., writes: "I tried several kid-
One team mares about 1200
pounds, perfectly gentle, will stand
nnywhere without hitching, neither
afraid of train or auto. Good road
sters. Price, S 1 50.
B. F. C1IILSON. Vklah, Ore.
If you see It In the East Oregonlan,
ney remedies, and was treated by ouri"'" s0-
best pryslclans for diabetes, but did
not Improve until I took Foley's Kid
ney Remedy. After the second bot
tle I showed Improvement, and five,
bottles cured me completely. I have
since passed a rigid examination for
life Insurance." Foley's Kidney Rem
edy cures backache and all forms of
kidney and bladder trouble Pendle
ton Drug comany.
Massacre of Pnoll.
West Chester, Pa., Sept. IS. Me
morial services will be held tomorrow
for the American patriots who were
hu'ehered by the Hessians at the
massacre of Paoll, September 20,
1877. A monument here marks the
spot where R3 of the victims were
burled In one grave. The patriots,
under General "Mad Anthony"
Wayne, were surprised by the Hes
sians and a large number were bay
oneted. Tho sick and wounded Am
ericans were cruelly put to death.
"Remember Paoll," afterwaril became
the battle cry of the patriots.
Northwest Pair I Ultra.
Following Is the list of northwest
fair dates:
Missoula, Mont., Sept. 21-23.
Portland. Ore., Sept. 21-26.
Victoria. R. C. Sept. 22-29.
Anaconda, Mont., Sept. 23-26.
Pendleton, Ore., Sept. 2S-Oct. 3.
North Yakima, Wash., Sept. 28
Oct. 3.
Helena, Mont., Sept. 2-Oct. 3.
New Westminster, B. C, Sept. 29
Oct. 3.
Spokane, Wash., Oct. 5-10.
Caldwell, Idaho. Oct. 6-10.
Davenport, Wash., Oct. 8-11.
Iewlston. Idaho. Oct. 12-17.
Walla Walla. Wash., Oct. 12 17.
Baker City, Ore., Oct. 13-17.
Boise, Idaho, Oct. 19-24.
Quick Relief for Ami hum Sufferers,
Foley's Honey and Tar affords Im
mediate relief to asthma mifferers In
the worst stakes and if taken In time
will effect a cure. Pendleton Drug
Co.
DeWltt's Little Early Risers are
small pills, easy to take, gentle and
sure. Sold by Tallman & Co.
I I I
I mm mm mm a m m m I I
i menu mit? i
NbllUUUU
DEBILITY
BEST AND CHEAPEST
For Sheep, Cattle and Hogs
Non-Poisonous-Contains no Coa! Tar.
No ingredients to injure animal or peit.
Allowable in U.S. Government and State Official Dippings,
for sbeep scab. One gallon dip to 141 gallons any water,
hot or cold. Ycu only have to buy and haul 1 bbl.(50gals.)
B & C Cresol Dip for each 7103 gallons Official Strength
Dipping Solution you use. We pay the freight.
We sell you the Dip --You furnish the water
Gallon $1.80 Five Gallons $8.25 Bbl. 50 Gals. $75.00
CHICAGO, ILL.
Sole Manufaclureri
STATION 55
THERE ARE MANY CAUSES
Dissipation, Liquor, Tobacco,
Youthful Indiscretions, Etc No
matter what the cause NERVITA
Tablets are always recommended
as the surest remedy. 22 years
of success proves their merits.
Your own druggist will sell you six
boxes for $5.00, (a six week's
course) and he will refund your
money if you are not benefited.
If you still are skeptical, write to
day for free booklet.
FISHER DRUG, CO., CHICAGO.
PENDLETON DRUG OOMTANY
Pendleton, Oregon
MAKE YOUR OWN STOCK FOODS BY USING
SKIDOO HORSE AND CATTLE TABLETS
Cruihandm!xlnfeedorialt Proper dose In tablets
Makes Your Stock Look Like the Top Price
For Hortee, Cattle, Sheep, Swine and Fowla. They are made from the active pr!ac(ple or the
condensed essence of the drug. They don't contain Sawdu.t, Ashes, Chop Feed or Bran Are lint
food when 10 year, old I a. when 10 day.old. They comply with .11 Ipure dm laws. Ask for
Si. . ,rV"c,?K'DO Condil on Tablets, or SKIDOO Worm, Kidney. ChVken Ch'ler"
Blister, Cathartic. Heave. Fever, Ho Cholera, Distemper, Pink Eye, Colict.ble t.orU 1.1 Powder
Spavin Cure or Barb Wire Liniment. Distributed by THE BLUE BELL MEDICINE CO.
Incorporated! Capital siock .wo,ooo.o0j Watortown, South Dakota, U. SllAt0,u,NV0,
yon sale by o. p. coi.rswortmy.
We Emphasize
The fart that our cleaning and press
ing work imparts new llfo and luster
to last season's garments, Improve
this year's, yet costs but little to en
Joy.
We'll call for yours and deliver too,
If you'll say tho word.
City Steam Dye Works
Thone Main 169. 206 E. Alta St.