YAtm A
MHVtt MTlXimK, MMffl, UMKMfn, TIMfHHflAY, JI'I.V 7, IMI.
COUNCIL MAY USE DISCRETION
IN PASSING UPON PETITIONS,
IS CITY ATTORNEY'S OPINION
That tlic cllr council Is given ttls
cretlonnrr nowora under tho charter
i -.1-- ..mi .1 ... i
III Ulllllhj I'UllklUIIO IUI DllWh till-
provomonts, pi tlio gist of nn opinion
completed ! City Attorney C.
8. Hanson on section 2S of
chapter 29 of tho city charter. Tho
opinion wm written to clear nny
doubt existing In connection with tho
chnrtor provision In question and wns
presented to tho council at tho regit
Inr session ot that body.
Tho section covered by tho opinion
Is to tho effect that "wheyover tho
owners of a majority of the property
benefited by a contemplated street or
scwcl Improvement shall cause u po
tion to bo filed with tho common
council of tho city of Dend designat
ing the naturo and kind of Improve
ment desired, and naming tho streots.
alloys, public ways, or" tho parts
thereof, desired to bo Improved, or
designating tho termini of the sower
to be constructed or reconstructed,
and naming tho streets upon which
tho samo is to be located, and sub
scribed by said respectlvo owners,
describing tbo proporty so owned by
them, and also setting forth In said
petition a description of tho respect
ive properties to be benefited by said
Improvement, tho common council
shall thereup'on proceed to considor
eald petition, and It it appears that
the owners of a majority of the prop
erty are benefited by said contem
plated Improvement, and have slgneM
.
Bald petition, tho said common coun-
ell shall thereupon declare by resolu-
tion Its nurnnsn nf mnVlnir mM Im -
proveraent, otc.
Mr. Bonsons' opinion, as It was
presented to the council. Is as fol
lows: "To the Honorable Mayor, and Com
mon Council ot the City of Bend.
Gentlemen: Replying to your
request for an opinion from me as to
the powers and duties ot tho common
council under section 28 ot chapter
19 of the charter or the city ot Bend,
I have to say, that as I interpret said
section, a measure of discretion Is
therein reserved to tho council, and
even though n petition were present
ed to that body signed by a number
of persons claiming to be tho owners
of a majority of the proporty benefit-
ft YtV n nrnilAsurl (Ttinrnvnnw,t . A '
asking for an improvement of a do-
Bcribed character, nevertheless the
council has the sole power and au
thorlty to determine whether the per
eons Joining in such petition do, as a
matter of fact, constitute the owners
of a majority ot all the proporty
that would bo benefited by said pro
posed Improvement, and whether
such signers would be benefited
thereby and. In its discretion, grant
or deny tho prayer of tho petition as
It found these facts to bo; and under
-well established rules of law, the
Judgment of tho council in the mat
ter, honestly exercised, would not be
subject to review by the courts.
"I think a-careful reading and con
sideration of tho involved section
wijl convince anyone that the con
struction contended for Is the only
one possible from the language used,
for, had it been the Intention that
the council should have no discretion
in the matter, but should act wholly
- In a ministerial capacity, tho follow
ing phrase In said section would have
'been omitted: 'The common coun
cil shall thereupon proceed to consid
er said petition, and if It appear that
owners of a majority of the
property are benefited by said con
templated improvement and have
signed said petition, the common
LAKEVIEW ROAD TO
TAP C. O. HIGHWAY
Carrying out the idea of tying in
the Lakevlew road with a state high
way to the north, the state highway
commission has ordered a survey,
with a view to adopting tho China
Hat route to tho Central Oregon high
way, rather than connecting with
Tho Dalles-California highway at La
Pine. The route selected Is 10 miles
shorter.
HAY OWNERS WILL
TRADE FOR COWS
Enough bay owners have signified
their desire to trade for Tillamook
cows to insuro a carload ot cattle,
says County Agriculturist D. L.
Jamison, who has been working on a
trading scheme of this nuturo since
Ills return from Corvallls. Othors
are expected to sign up. No definite
deal has b'een completed wit If the
coast dairymen for a trade
- 1 council shall tlicreupon doclaro by
'resolution? etc .amllnlts plnco word
'of nils Import used. 'It shnll appear
thnt said petition Is signed by tho own
era of n majority ot tho proporty ns
sessablo for tho cost ot said Improve
mcnt, tho said common council shall
thereupon dcclaro by resolution,' etc,
Said section 28, ns It now rends, wise
ly provides for tho protection of tho
property bolder, since It lodges In tho
council tho power to tnvestlgato
proposed Improvement beforo It Is
mado and ascertain Its real merits
by competent Investigation, and it
such Investigation shows that such
Improvement Involves the uso of
some untried material or of somo ma
terial or plan ot construction con
cerning which there exists n reason
nblo doubt as to Its utility, tho couu
ell Is In n position to declare, that tho
petitioning property owner will not
be benefited, and honco It cau de
cline to grant the prayer ot the pe
tltlon. "Thero Is another phaso of this
question that should bo considered
Section 27 of chapter 19 of tho city
charter embodies what is popularly
known as tho Bancroft act, a provl-
slon for paying assessments for local
improvements In deferred scmi-nn
nual Installments: where an owner's
property Is assessed $10 or over, ho
can apply to pay such assessment un
dor the deterred payment plan, to tho
amount of tho assessed valuation on
his lot plus tho amount ot the as-
. itiij awt, fuo 11 V UUIUUUt Ul WlO
sessed valuation of his permanent
lm
provemonts thereon as shown by tho
lf - iot nnii. n it.
last county assessment roll. He
must pay In cash tho amount of his
assessment in excess ot these ns
sessed valuations. If ho does not
pay such excess, he cannot bond, and
his property will bo sold forthwith by
the city. The bonds issued under
( the Bancroft net are obligations of
the city, which the city must pay like
any other of Its Indebtedness to the
holders ot the bonds. Irrespective of
the fact whether tho city collects in
tho assessments or not. Moreover,
tho contracts for all Improvements
under our charter are made with tho
city through Its authorized officials,
and in case of a default in payment
by the city. Judgment can 6o obtain
ed against It and tho levy of a tax or-
i . . .
dered to pay same. Tho fund for
meeting this contract Is provided by
the sale of Bancroft bonds, or by vol
untary payment of the assessment, or
by selling tho property assessed In
case same Is not bonded. In case n
tract of land Is not worth tho assess
ment for the Improvement, the own
er wouiu naturally retuse to pay
samo, tho city is forced to buy
in the property, carry It at an
expense, and eventually sell it
for tho best price obtainable,
probably nt a loss. Thus it will ap
pear that all tho tax payors of tho
city are interested in every contract
for a local improvement, and tho city
council, as the representative of all
tho taxpayers, should, have the abso
lute veto power over every proposed
contract for a local improvement
Where tho property assessable for a
proposed Improvement Is clearly
worth what it costs, a council would
hardly go on record as opposing such
Improvement but where any of tho
assessable property Is not worth the
cost of the Improvement, or where
the proposed improvement is of
doubtful or even uncertain value, I
consider that tho council, as a guard
ian of tho public Interest of all Uio
tax payers of the city, would prop
erly exercise its veto power on a pro
posed local improvement."
FEW. POTATOES HIT
BY FRIDAY FROST
Potato fields In some parts of the
county were nipped by Friday night's
frost, others not, according to H. M.
Chase ot the Grange Hall district.
Mr. Chase's own fields were not dam
aged, but those of A. J. Melvln, near
er Bend, were badly frosted, as wcro
those of Herman Tekampe of tho
Arnold district. The thermometer
reached 30dcgrees on tho Chase
ranch, while 28 degrees is the high
est at which potatoes may be Injured.
RURAL ROUTE FOR
TUMALO PROMISED
Establishment of a rural routo at
Tumalo, effective August 17, has
been promised by the postofffce de
partment, It Is announced.
Bulletin "WANT ADS" Bring Re
sults Try Thorn.
I BULL- DOG 1
it
DRUMMOND
CHAPTER 8IX.
In Which a Very Old 0m Takee
Place on tht Hog's Bck.
ONE.
A thick grey mist lay over the
Thnmes. It covered the water and tho
low Holds to the west llko n thick
while enrpet; It drifted sluggishly
under the old bridge which spam tho
rivir hotwoon (lorlng mid Streatloy,
It wns tho hour before dawn, and
sleepy passengers, rubbing the win
dows of their carriages ns the Ply
mouth boat express rushed on toward
London, shivered and drew their rug
closer around thorn. It looked cold
. . cold and dead.
Slowly, almost luercrptlbly, tho
vnpor rose, ami spread outwards up
the wooded hills by Basildon. It
drifted through the shrubs and rose-
bohos of a little garden., which
stretched from a bungalow down to
the wntor's edge, until nt length wisps
of It bruhed gently round the bunga
low Itself. Suddenly the window of
one of tho downstair rooms was Hung
open, and n man with u white hag
gnrd face leaned out drawing great
gulps of fresh air Into hw lungs.
Three other men lay sprawling un-
routhly In chairs, and two dogs lay
motionless on the hearthrug.
After u moment or two the man
withdrew, only to appear again with
one of the others In hl arms. And
then, having dropped his burden
through the window nn to the lawn
outside, lie rconted bid performance
with the remaining two. Finally he
pitched the two dugs nfter them, and
then, with his hard to his forehead.
he Mnggered down to the water's
edge.
Holy smokel" he muttered to him
self, as he,plunged liN head Into the
cold wotor, "talk about the morning
after 1"
After a while, with the water still
dripping down his face, he returned
to the bungnlow nnd found (he other
three In various stages of partial In-
sensibility.
"Wake up, my heroes," he remarked,
and go and put your great fat heads
In the river. Wo were all of us
drugged or doped somehow. And
now," he added bitterly, "we've all
got bends, nnd we have not got Potts."
I don't remember anything," said
Toby Sinclair, "except falling asleep.
Have they taken him?"
"Of course they hnve," said Hugh.
"Just before I went off I miw 'em
nil In the garden, nnd that swine
Lnklngton wuh with them. However,
while .von go and put your nuts In the
river, I'll go up Tind riinko certain."
With u grim smile he wntched tho
three men lurch down to the water;
then he turned and went upstairs to
the room which hnd been occupied
by the American millionaire. It was
empty, ns he had known It would he,
and with a smothered curse lie made
his way downstairs ugaln.
TWO.
"Has It struck you fellows," re
marked Hugh, at the conclusion of
lunch, "Hint seated around this table
are four officers who fought with some
distinction nnd much discomfort In
the recent historic struggle"
"How beautifully you put It, old
flick 1" said Darrell.
"Has It further struck you fellows,"
continued Hugh, "that last night we
were done down, trampled on, hnd
for mugs by a crowil of dirty black
guards composed largely of the dregs
of the universe?"'
"A veritable Solomon," Mild Algy,
gnzlng ut him admiringly through his
eyeglass. "I told you this morning I
detested your friends."
"Has It still further struck you,"
went on Hugh, a Irltle grimly, "Hint
we aren't standing for It? I propose
that we should tackle the blighters
tonight."
"Tonight 1" echoed Darrell. "Where?"
"At Tho Elms, of course. Thut's
where tho wretched Potts Is for a
certnlnty."
"And how do you propose that we
should vet about It?" detnunded Sin
clair. Drurnmond drained his port and
grinned gently.
"By stealth, dear old beons by
stealth. You and I thought we
might rake In Ted Jemlngham, nnd
perhnps Jerry Seymour, to Join the
happy throng will muke a demonstra
tion In force, with the Idea of draw
ing off the enemy, thereby leaving the
const clear for me to explore the
houso for the unfortunate Potts. An
accident. ... A car, . . .
What In the conncctlng-llnk. . . .
Why, drink. Wrlto It down, Algy, or
we might forget. Now, can you beat
thnt?"
"We might have some chance," sold
Darrell kindly, "If we had tho slight
est Idea what you were talking about."
"liiir ultctUJen, nji at cju," suld
The Adventures of A
Demobilized Officer
Who Found Peace Dull
CYRIL MNEILE
"SAPPEIT
Illustrations by
mWIN MYERS
Copyright by Goo H Doran Co
'high. "Tonight some time about ten
of tho clock, Algy' motor will pro
ceed along the (lodnliulng-diilldford
rood. It will contain you three also
Ted nnd Jerry Scymnu, If wo enn
get 'em. On approaching the gate of
The Kims, you will render tho night
hideous with your vocal enforti. Stray
pii.orsdiy will think that you are all
tight. Then will como tho drninnll
moment, when, with n heavy crash
you mm tho gate. Horrltled nt till
wanton damage to property, you w III
leave tho car nnd proceed In muss
formation up the drive.'
"Still giving tongue" queried Dar
rell.
"Still giving tongue. Klther Ted
or Jerry or both of em w',11 approach
the house and Inform tlvr owner In
heartbroken accents thnt they huvo
damaged his gate post. You three will
remain In the garden you might bo
recognized. Then It will bo up to
you. You'll luivo several men nil
round you. Keep 'em occupied some
how. They won't hurt you; they'll
only be concerned with seeing that
you don't go where you're not wanted
The last thing they want to do Is to
draw any suspicion on themselves
nnd, on tho face of It, you an: merely
lire convivial wanderers who hnve
lookvd on tho wine when It was red
think," ho added thoughtfully, "thnt
ten minutes Hilt he enough for me.'
VWint will you bo doing?" said
Toby.
I shall be looking for Potts. Don't
worry about nie. I'll look after my
self. Now. Is that clear?'-
"Perfectly." snld Darrell. nfter
short silence. "But I don't know that
I like It, Hugh. It seems to me. old
son, that you're running jiu iiuiioco
snry lot of risk."
Hot any alternative" deumnded
Drurnmond.
"If we're all going down." said Dar
rell, "why not stick together and ruth
the house In n gang?"
"AO go, old beini." snld Hugh, de
cisively. "Too muny of 'em to hope
to pull It off. No, low cunning Is the
only thing that's got nn earthly of
succeeding." With a grin he rose, nnd
men strolled toward the door. "Now
go nnd ne In Tod nnd Jerry, and
for the love of Heaven don't nun tho
wrong gate."
What nre you going to do your
self? demanded Peter suspiciously
I'm going to look nt her from chuo
to. Oo nwny, nil of yon, and don't
listen outside tho telephone box."
THREE.
Hugh stopped tils car nt Oulldford
station and, lighting n cigarette,
strolled restlessly up nnd down. Ho
looked nt his watch n do.en times In
two minutes; he threw nway his
smoke beforo It was half finished. In
short he manifested every symptom
usually displayed by the main of tbo
species when awaiting the nrrlvnl of
the opposite sex. Over the telepliono
ho had arranged that she should come
by train from findalmlng to confer
with him on a matter of great Import
ance; she had said she would, but
what wns It? He, having' no sullnbla
nnswer ready, hnd nndo n loud burl
ing noise Indicative of a telephone
exchange In pnln. and then rung off.
And now he wns waiting In that pe
ciillnr condition of mind, which reveals
Itself .outwardly In hnnds that urn
rather too warm, nnd feet that nre
rather too cold.
"When Is this bally trnln likely to
arrive?" He neensted a phlegmatic
official, who regarded liltn coldly, and
doubled the likelihood nt its being
moro than ii quarter of nn hour early.
At length It was signaled, and Hugh
got back Into his car. Feverishly lis
scanned the fnces nf tho passengers nn
they.coine out Into the street, until,
with n sudden quick Jump of bis
henrtt ho saw her, cool nnd fresh,
coming toward him with a faint
smile on her lips.
"Whnt Is this very Important mnttcr
you want to fnlk to mo about?" sho
demanded, as ho assisted her Into his
car.
"I'll tell you when wo get out on
the Hog's Back," ho said slipping In
his clutch. "It's absolutely vital."
Ho stole a glanco nt her, but tfio
was looking straight In front of her,
and her face seemed expressionless.
"You must stand a long wny oft
when you do," she said demurely.
"At least If It's the same thing as you
told me over tho 'phono,"
Hugh grinned sheepishly.
"Tho exchange went wrong," ho re
marked at length. "Astonishing how
rotten the telephones nre In town these
days."
"Quite remarkable," she returned,
"I thought you weren't fcollng very
Well or something. Of course, If It
was tho exchange , , ,"
"They wort of hw.r. and blow, don't
you know," he explained helpfully,
"Thnt must he most fearfully Jolly
for IbenjJ' she agreed And tljero
nn slimes for Uio nil two mile,
(Kick or twice lm looked ill lief out
nf Km corner of tils rye, Inking In
etry iMnll f Hut weel pruHI s
near In hint, litrrpt Tor tnetr nrm
meeting nl Hie ('nrlimi, II n llm
only I lint ho bnd ever hnd her ( tint
plelely In himself, nml MukIi was de
termined In tiinke llio most of It. I In
fell ns if lie could go on driving for
rrer, Just he mid she iiloiio, It wns
then Hint I In' girl turned nnd looked
nt him, The rnr swerted ilnnuer
ously, i
"Let's slop," she snld, with the sus
picion of a smile. "Then you enn tell
me."
Hugh drew Into Ibe sldo of tint
rond, nnd switched off the engine.
"You're not fair," he remarked, and
If the girl saw his hand trembling n
tittle ns ho opened the door, she gate
no sign. He caliio nnd stood besblo
her, nnd his right nmi lay nlong Ihn
sent Just behind her shoulders.
"Tell too nbotit this Imporlnnt
thing." she snld a little nervously,
lie smiled, nnd no woman )ot born
could see Hugh Druiiimond smllo with
out smiling tis.
"You dnrllsgl" ho whlsiered. muter
his tirenth ' uu adorable darling I"
Ills arm dosed nroiiiid her, unit, ut
most beforo she reallted It, she felt.
his lips on hers. For n moment siio
snt motionless, while the wonder of
It surged over her, mid tho sky seemed
more gloriously blue, and the wood
a richer green, Then, with a llttlo
gasp, she pushed him nwny.
"You mustn't . . . ohl yoil
mustn't, Hugh," she whispered.
And why not, little girl?' he snld
exultantly. "Don't you know I lovo
you?" Ills fnco wns still very clo
to hers. "Well?"
"Well, whnt?" she murmured.
"It's your turn," ho whispered. "I
love you, Phyllis Just lovo you."
"But It's only two or Ijireo days
since wo met," she snld feebly.
'And phwat tho dlvll tins that got
to do with It, at nil?" ho deuinndl.
"Would I be waiting longer to de
clde such nn obvious fact? Tell me,"
ho went on, nnd she felt tils arm round
her ngnln furclng her to look nt lilui
"tell me, don't you euro ... a
little?"
"What's the use?" She still strug
gled, but, oven to her, It wasn't very
convincing. "We've got other things
to do. . . . Wo can't think of. . . ."
And then tills very dclermliiitl
young man settled mutter In Jils
usual straightforward fashion. She
frit herself lifted bodily out of the
cor n If she had been a child: she
She Found Herself Lying In His Armn,
With Hugh's Eyes Looking Very
Tenderly Into Her Own and a Whim
sical Qrln Around His Mouth,
found herself lying In his nrms, with
Hugh's eyes looking tury tenderly In
to her own, nnd n whimsical grin
round his mouth.
Cars pnss here," lie remnrked,
with great regularity, I know you'd
hate to bo discovered In this posi
tion." Would I?" nho whispered. "I
wonder , . ."
She felt his heart pound mndly
ngalnst her; nnd with n sudden quick
movement she put forth her nrms
round bis neck .and kissed him on the
mouth.
"Is Hint good enough?" slio nsked,
very low; and Just for a few moments,
time stood still. . . . Then, very
gently, ho put her buck In tho car.
"I suppose," lm remarked resigned
ly, "Hint ivu hail belter descend to
trivialities. We've bad lots of fun
and games since I Inst saw you n year
or two ago,"
Idiot boy," sbo said hnpplly. "It
as yesterday morning."
Tho Interruption Is considered
trivial. Merit fuels don't count when
It's you and mo," There was a fur
ther Interlude of uncertain duration,
followed rupldly by (mother because
tho first wus so nice.
To rosume," continued Hugh, "I
regret to statu that they've got Polls.
'I be girl sat up quickly nnd stnred
st him.
"(Jot him? Oh, Hugh I how did they
manage, It?"
"I'm d d If I know," ho niiHtvored
grimly. "They found out Hint ho was
In my bungalow at doling during the
afternoon by rending round a mini to
sco tibmit tbo witter. Somehow or
o.'b'JT lii; t!L"lL bjOU ibeiod ihn drink
ir llm fH, lieinilsn iiflcf iKiiner w
ill fell nsteep, I ilmi'l reinetiilier nny
llilii mote till I vtokn Ibis morning
wild (lie most niiiillllig lienil, Of
Mitirse, I 'nit liml gonr"
"I lieitnl (lm enr drlm up In tho
middle of llm night," snld tliV girt
llioiiiiliirully. "Ho you think tin's nl
Hie llluis now)"
"Thnl Is wlml I propose to find
out tniilahi," answered IIiikIi. "Wo
limn singed n lllllo romedy fur Peter
son's especial lietielll, nnd wo nre hop.
Ing for Hie host,"
"(Hi, liny, do ho rnrofull" Him
looked nl liliu niuloiisly. "I'd never
forgive myself if anything hnpieiiod
In you, I'd feel It Wits all duo to
i ne, nnd I Just couldn't benr II,"
"Dear lllllo girl," ho whispered ten
derly, "you're simply adorable when
you look like Hint. But not even for
you would I buck out of this show
now," Ills month set In n grim line.
"It's gone altogether too fur, and
they've shown themselves to lm so
completely beotul tho pnlo that It's
got to bo fought out, And when It
hns been," ho caught both her bunds
In bis , , . "nnd we've won
, , , why then, girl o' mine, wu'll
get I'eler Dnrrell to bo best num."
Which was Hie cue for the com-meiiii-nient
of Hie Inst and longest
Interlude, terminated only by the sud
dim mid unwelcome nppeiimneit of n
notor-'hus covered within unit wlth
ut by unrotiiantlo sightseers, nnd
pnix-r-biigs eiiutiilulng banana.
They drove slowly buck In (lulhl
fnrd, nnd un the way lie lold her brief
ly of the murder of the American's
seerelary In llelfnsl, and bis Inter
view the pieretllng uftoriiouu with
the Impostor nt the Carlton,
"It's a tough proposition," ho re
marked quietly. "They're absolutely
without scruple, mid their power
seems unlimited, I know they are
after the duchess of Lunipslilre's
pearls; I found the beautiful Irma
consuming ten wlih young l.nldley
yesterday you know, the duku's ebb
est sou. Hut there's something more
In the wind tlinn Hint, Phyllis some
thing which, unless I'm a mug of the
first water, Is an Inllnltely Urger
proposition than that."
(To bit Continued)
COIJB ACCEITS POST
AS MANAGER OF GYM
Norman A. Cobb, designated re
cently ns tho cholco nf tho governing
board ot tho gymnasium as manager,
has accepted tbo position.
CUPID LAYS OFF IN
USUALLY RUSY MONTH
Kour marriage less than tho num
ber lunde posslhla In Deschutes coun
ty In Juno, 1920, ware prorlded for
during tbo month Just past, County
Clerk J. II, Ilnnor's records show. In
Juno nf this year 10 licenses woro Is
sued from tha clerk' office, ns
against 1.1 In tho corresponding
mouth nf tho yenr preceding.
' J
Brand Directory
A
Illght sldo; right oar crop
ped; wattle right hind leg.
It. I TONKf Hlstrrs, Ore.
sdv.lOOs
ARTHUR E. SMITH
CUSTOM TANNER
All Work (.'imraiiteeil
West Itallronil nnd He) burn Kls.
R. S. HAMILTON
Attorney At Law
Booms 13-10 I'lrst Natlonnl
Bank Illdg. Tel. Bl
(Ir. Cos't Korni.r Offlcs)
II. II. D.Armoh.l
Chat. W, Er.Un.
DcArmond & Erskinc
Ii a w Y K It H
Balrd Building, Bond, Orogon
II . C. ELLIS
Attorney At Law
United Klnti-N ('ominlsslolier
First National Bank Building
Botjd, Oregon
Phono G-l-W
Lee A. Thomas, A. A. IA.
Architect
Balrd Building Bund, Orogon
C. P. NISWONGER
Undertaker, Licensed Umhiilmer,
Policial Director
Lady Assistant
Phono BiW Bond, Oro.
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