Rogue River courier. (Grants Pass, Or.) 1886-1927, January 25, 1901, EXTRA, Image 1

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.- V
Friday, J as. 25. 1901.
For the City of Grants Pass
The Document to be Presented to the
Legislature Now in Session
at Salem,
(Ki'Tios 1. The inhabitants of the
City ol Grants Pass,' within the limit
hereinafter act forth shall br and they
lire hereby constituted a body politic and
certiorate, and declared to be a munici
pal Corporation by the name and Btyle
of the "City of Grouts Pass" and by
such name fhall have perpetual sueces
eion : Shall 'contract and be contracted
with, sue and be sued, implead and be
impleaded, dt-tend and be de.'ended in
all courts of ju.-tice and in all actions,
suits and proceedings whatsoever; may
purchase, UaBe, hold and receive proi-
erly real and personal within said city
for public buddings, public works,
school purposes, streets and city im
provements; and all oilier municipal
purposes; may purchase, leasehold and
receive property, real and personal
within and beyond the city limits for
hospitals, prisons, work houses and
houses of correction and for any other
proper and legitimate purpose, ami may
erect necessary public building and
work thereon and may enclose, ornament
and improve the same; they may also
purchase, lease, hold anl receive prop
erty, real and personal within and be
yond the limits of the city for the con
struction and maintenance of water
works to supply the city with water,
and of gas works and electric works to
supply the city with lights, or for other
municipal purposes and may take
private property within the city limits
lor public use and within and beyond
the limits of the city for the purpose of
supplying it with water and light, and
may lease, sell and dispose of Rny of
the above described properly for. the
benefit of the city; and they shall have
and use a seal
Skc. 2. . The Boundary line of the
City of Grants Puss, Mali be us (ollows:
Itegin at the center of Section Eight in
Township SO, South, of Range 5 West of
the Willamette Meiidiiui.running tbinee
East one quarter of a mile; thence due
South through Section Eight ami Seven
teen and along t lie East boundaries of
Lois Nine and Two in Section 10 to the
center of the channel of Rogue River;
thence Westerly along the center of the
channel ol Rogue Hiver to a point
opposite the West boundary of the
Township; thence North from said point
and along the Ves boundary ol the
Township to where the center line of
Section Seven interse cts said Township
line; thence E 1st along said ccn'er sec
tinn line through Sections Seven and
Eight to the place ol beginning.
Skc. 3. The City of Giants Pans is
hereby divided into four a arda desig
nated and bounded as follows : Ward
No. 1 shall contixt of all that portion ol
the city north of the Oregon and Cal
ilornia Railroad and west ol Fifth street
and Conkliu avenue. Ward No. 2 shall
consist of all that portion ol the city
north ol the Oregon and California Hail
road and east of Fifth stie- t and Conk
liu avenue. Ward No. U shall consist of
all that portion ol the city south of the
Oregon and California Railroad and east
of Fifth stiect. Ward So. 4 shall con
sist of all that portion of the city south
of the Oregon and California Railroad
and west of Fifth street.
Sec. 4. The government of the City
shall he vested in I lie Mat or and Com
mon Council to consist ol eight mem
bers, and iheir succes-ors in clfi e, to be
chosen in the inuiiner hereinafter pro
vided. Skc. 5 hach ward her.'in estab
lished in said City is and shall be en
titled to elect two members, to the
Common Council of said Ci'y.
Stc. 0 J he Mayor shall lie presi
dent of the Common Council, and shall
be fleeted for the term of one year, ex
cepting as herein provided, and the
members of the Common Council shall
be elected for the teim ol t0 years ex
cept as here in provided, ami shall hold
their offices until their successors ire
elected and qualified, provided, that
the first general election held under
the charter shall be held on the first
Monday in May, 1901, at which lime
there shall be elected a Mayor and Trea-
finer at large and one Councilman in
eacharJof the City alio shall hold
cilice until the First day ol Jauury
I'M'?, or until their successors are ehc
ted and qualified : piovidrd further, thai
the term of all officers elected on the
first Monday in May. l'JUl, and all oifi
cers holding over shall expire January
1st., 1W2: provided further, that the
next general election after the one here
in provided shall be held un the nr-l
Monday in litcembtr l'JOl, at abicb
election theie shall be elected a Major
and Treasurer each lor the term of one
year or until their successors are elcoec!
and qualified add cue Councilman in
each aard lo serve fur the period of
one year and one Councilman iu each
ward to serve lor ihe perioi of two
years, or until their successors are elect
ed and qualified.
Skc. 7. The general election ol oth
cert as iu this act provided shall be
held on the Erst Monday in IVcernber
19 il, except as herein provided and the
genera' election shall be held on the
first Mouday in leceuiber annually
. hereafter. Except as in this act
specially provided, at the general anneal
ejection tier shall be e'ected a Mayor
and Treasurer from the city at large,
and four councilmen, one from each ol
the four wards; and the office ol Council
men shall always be filled so; that one
Councilman shall be elected in each
ward lo' the full term of two years, at
each regular annual election as in ibis
act provided.
Skc 8. At the first regular meeting
lot the Common Council in January of
each year the Mayor shall appoint with
the consent of a majority ol the Council
present, one Auditor, and Police Judge,
one City Attorney, one City Surveyor,
one Marshal, who shall- be Chief ol
Police, and such other police officers as
may be required, and one Street Super
intendent, ho shall each hold hia office
for one year and until bis successor Bhall
be appointed and qualified, nnlese sooner
removed, by the Mayor or by a vote of
a majority of the Common Council.
Sec. 1). The Mayor shall fill all
vacancies in the appointive ortkes of the
city as they occur, with the approval
of a majority of the Common Council.
Skc. 10. No person shall be eligible
to any office, elective or appointive in
the Corpora' ion who at the time uf hit.
election or appointment, is not entitled
to the privileges of an elector, under ibo
laws and constitution of the State uf
Oregon, ami who has not resided in the
Ciy of Grants Tas9 tor one year, next
preceding such election or appointment.
And no person shall be eligible to the
office of Mayor or Councilman who is
not in addition to above qualifications
the owner of real estate within Ihe city.
Section II. The Mayor shall be the
executive officer of the corporation, and
shall exercise a careful supervision over
iU general afi'avs and over its
subordinate officers. lie shall have
power to call meetings of the Common
Council and shall preside over their
Hireling", but shall have no vote, except
in case of a lie, when hn shall cast the
deciding vote on all questions, except
on the passage of Ordinances. He shall
least once each year state to the
Council the condition, financial and
other ijc, of the city, and recommend
such measures for the peace, health.
improvement and prosperity of Ihe city
as he may deem expedient, lie shall
at th" first regular meeting of the Coun
cil, iu January in each year, appoint
three members of the Council on each
of the following committees, lo-wit :
Judiciary. Finance, Streets, Fire and
Water and Health, who shall be and
remain stunding committees lor one
year and until their successors are duly
appointed, and shall have general power
uml supervision over the dilFerent sub
jects peilaining lo its department, and
such further powers and duties as may
he prescribed by ordinance, or assigned
it from time to time by the Council.
Sec. 12. No Ordinance parsed by the
Council eliall go into effect or be of any
force until approved by the Mayor
except as provided in the following
sections :
Sec. 13. Upon the passage of any
Ordinance the enrolled copy thereof
attested by the Auditor and Police Judge
shall be submitted to the Mayor hy the
Auditor and Police Judge, and if the
Mayor approves the same, he shall write
theieon "approved." w ith the date of
such approval, and sign the same offi
cially and thereupon, unless otherwise
provided therein, such ordinance shall
become a law and he of force and effect.
Sec, 14. If the Mavor do not
approve ol an Ordinandi so submitted
he must within ten dys from the re
ceipt thereof, return the same to the
Auditor and Police Judge with his
rcaons for not approving it, and if the
Mayor do not return it in ten days, such
Ordinance shall liecome a law as if he
had approved it.
Sec 15. At the first meeting of the
Council after the return hy the Mayor
if auy ordinance not approved,thu Audi
tor and Police Judgo shall present the
same to the Council with the ohj 'Clions
of the Mavor, all of which must be read
lo the Council and such ordinance shall
then be put upon its passage again, and
if three fourths of all members constitut
ing the Council, as then provided by
law, shall vote in favor of such ordi
nance, it shall thereupon become a law
ithout the approval of the Major, but
not otherwise.
Sec 10. The Mayor shall approve
all cllicial undertakings required of of
ficers, as secutiiy for the faithful per
formance of dutv. as hereinafter pro
vided, and shall sign all warrants
ordered drawn upon the city treasurer.
Six. 17. No rson shall he entitled
lo vote at an) general or special election
in the City, who is not a qualified elec
tor of the State of Oregon, who has not
been a lesidrnt of Ihe city of Grants
I'tss, for six months next preceding
suih election, and who has not been a
resident of the Ward in a Inch he ap
plies to vote for sixty days next preced
ing such election ; ho has not register
ed as hereinafter (provided ly this Act.
No iersou shall vote at any siiecial
e'ection for t lie purpoEe of voting upon
the creation of city indebtedne s, un
less in sddition to the above require
ment, he (ball be at the time ol voting
the owner of property wi'hin the city
of at least the value ol One Hundred
Uoltars, subject to taxation, and upon
ahich he actually pays a tax, and
which property was assesed upon the
last asses-ment roll, in the name of
such voter, nor at any special election
for the purpose of iasuiug bonds ol the
city unlets ,he shall at the time of vot
ing, be )he owner of real estate within
the limits of the city, which will, be af
fected by such proposed bolide, and up
on which be actually pays a tax, and
ahich properly was asessej on the
last assessment roll in the name of such
Sec. IS. A general election shall be
held in the several election wards in
toe ciiy on thi first Monday in Decem
ber, l'X'l. aud annually thereafter, at
Inch there shall lie ch' sen so many
ol the fallowing officers as are by law
lo be elected in such year.
Sec. IV. All general or tp-iiat elec
tions hereafter hl I in the riiy shall be
Conducted under the provision! of the
Australian Ballot law oi Oregon, to tar
as the tame may and can be applied to
elections in said city, provided that the
Audiioi and Police Judge shall perform
the duties required of County Clerks.and
the Marshal the duties ot Sheriffs under
the election law of the State) except as
herein otherwise provided ; anu the polls
shall be opened at the hour of 0 o'clock
in the forenoon aud shall continue open
until. i o'clock in the afternoon of the
same day, at which time the polls shall
be closed.
Skc. 20. The Common Council at
least 20 days 'before any general election
shall appoint three judges and two clerks
for the general city nominating conven
tion hereinafter provided for, and shall
appoint at the same lime, also three
judges and two clerk 9 of the general
election for each ward which said elec
tion judges and clerks shall also act as
judges and clerks of the ward's nomi
nating conventions heieinatter provided
for. Said judges and clerks shall be
notified of such appointment, by the
Auditor and Police Judge, within three
days from such appointment. Said
judges and clerk shall each receive f 1.00
for such sei vices. In case one or more
of said judges or clerks ot election shall
not be present at the time prescribed for
opening the polls, the and clerks
present may elect any qualified person
present to act as such judge or clerk.
Sec 21. At least fifteen days before
any election the Auditor and Police
Judge Bhall post two notices iu writing
in each Ward, specifying the officers to
be elected, the time and place designated
for holding such elections in each of said
L;kc. 22. Tho loria of the poll books
and tally sheets to be kept by the judges
and clerks of election and the duties ol
such judges and clerks shall be as near as
practicable that required hy tho Austra
lian Ballot law of Oregon, except as
hereinafter provided.
Skc. 2d. Immediately after can vas
sing the votes, the Judges, before they
separate or adjourn, shall enclose tno
poll books in separato covers and se
curely seal the same; they shall also
enclose the Tally Sheets in separate
envelopes and seal the same securely,
they shall also enclose the Ballots and
stubs, strung on strings and seal all
Ihe same securely, and they shall in
writing with pen nnd ink, specify the
contents and uddress each of said pack
ages UKn the outside thereof, to the
Auditor and Police Judge, of the citv.
Sec. 24. One of Iho Tally sheets,
the poll book which was kept by the
second clerk, the ballots and stubs,
Ihe ballot boxes and remaining supplies
shall be forthwith conveyed by one nf
the Judges or C'eiks of the election, lo
be agreed upon for that purpose, by
the judges, to the Auditor and Police
Judge. The remaining tally sheet and
poll book, enclosed in an envelope and
cover, and sealed securely, as aforesaid,
addressed and endorsed on tne outside,
so that the name can be identified,
shall be forthwith deposited with one
of Ihe judges, to be kept by him safely,
subjec t lo the contr 1 of the proper court.
Sto. 25. The legally qualified elec
tors of each Ward of the city, shall hold
Ward nominating conventions for the
nominations of candidates for offices,
to be filled by the electors of snch ward,
at least ten days prior to any general
electiun under lliis Charter, and written
notices specifying the officers to be nom
inated and designating the time and
place of holding such conventions shall
be posted in each ward bv the Auditor
and Police Judgo, at least five days
prior 'to such convention, at ahich
convention, the Judges and Clerks of
election appointed tur such ward, shall
act as such at said convention, snd a lio
shall not permit uny person to v.te at
such convention, who does not possess
the qualifications ol an elector of such
wa'rd under this charter, and who has
not registered us required by this act.
Said Judges and Clerks shall certify to
the Auditor and Police J udge, such nom
inations at least seven days prior to the
ensuing election. Tlie wurd conven
tions may each nominate two can
didutis for each ward office, to be filled
by the electors of such ward, and the
two persons receiving the greatest num
ber cf votes shall be declared the nomi
nees of such convention aud shall be de
nominated "Convention Candidates."
Sec. 20. Tlie legally qualified electors
of the city shall hold a general nomi
nating convention, for the nomination
of candidates for all offices to be filled
hy the electors of the city at large, at
least nine days prior lo any general elec
tion under this charier and written
notice specifying the officers to be nom
inated? and designating the time and
place of holding such convention, shall
bn potted in five different places in the
ci'y, hy the Auditor and Police Judge,
at letst six days prior to such conven
lion, at which convention no person
shall be permitted to vote alio is not
qualified elector under this charter, and
n ho has not registered as required The
judges and clerks appointed by the
Common Council for such general nonii
nsting convention, as herein before
provided for, shall lr the judges and
cleiks of such convention, and said con
vention may nominate two candidates
for each office to be filled by the electors
of the city at large: And the two per
sons receiving the greatest number of
votes shall be declared the nominees ol
such convention and such nominees shall
be designated "Convention Can lidates.
The judges and clerks of such general
city nominating convention shall certify
to Hie Auditor and Police Judge
such nominations at least seven das
prior to the ensuing election.
Sec. 27 The individual electors ol
any Ward may nominate an independent
candidate for any office to be filled by
the electors of such Ward, by petition,
such trillion shall be signed hy not lest
tuen taenty qualified electors of such
Ward, and the individual electors ol the
city may nominate au independent
candidate lor any office to be filled by
the electors ol the city at large; such
petition shall be signed by not less than
50 qualified electors ot the city. Ever;
such individual petition or certificate of
nomination made by individual electors,
as aforesaid, shall have annexed lo il
the oath or affirmation of at leatt two ol
the signers thereto, that the statements
aid signature therein are true, and
that the requisite number of signers are
qualified to make tacb nomination, and
each oath shall be made before somePat4, to provide the necctsiry re;;stra
person authorix d to a luihiieler oaths.
Every such individual nominee as afore
said, shall be denominated "Independ
ent Candidate". Every such individ
ual certificate of nomination as aforcssid
shall he filed with the Auditor and
Police Judge not leas than seven days
prior to the ensuing election.
Sec. 28. All certificates of nomina
tions herein p.ovided for shall state the
name of the candidate, the office for
which he la nominated and shall desig
nate such candidate, "Convention Can
didate" or "Independent Candidate,"
as the case may be, and such nomina
tion must be accepted by the nominee
in writing, Which certificates ot nomi
nation and acceptance as soon as filed
with the Auditor and Police Judge shall
be public records.
Sec. 29. Not more than six days nor
less than two days before the day fixed
by law for holding the election, the
Auditor and Police Judge shall cause to
be printed a sufficient number of both
white and colored or sample ballots,
for use in each ward. The form and
style of the ballot shall be us nearly
as practicable, that required by the
Australian Ballot Law of Oregon, ex
cept that all candidates shall be desig
nated upon such Ballot as "Convention
Candidates" or "Independent Candi
dates" as provided in this Charter. Bal
lots other than those furnished by the
Auditor and Police Judge, according to
this Charter, shall not be used, circu
lated, cast or counted in any election
provided for under this Charter. The
Auditor and Police Judge shall cause the
name ol all candidates for elective of
fices whose certificates of nomination
and acceptance thereof, has been filed
as herein provided to be printed upon
the Official Ballot, and the name of no
other candidute shall be printed there
on. The Auditor - and Police Judge
shall on the day of election, belore the
time for the opening of the polls of such
elections? provida an I furnish for each
ward, the necessary ballots, ballot
boxes, poll books, tally sheets, voting
booths, stationery etc. necessary and
convenient for conducting such election.
Sec 30. It shall be the duty of every
elector of the City of Grunts Pass be
tween the first day of October 11)01, and
6 o'clock p. m. ol the first day of Novem
ber 1901, and between Ihe same dates
and hours annually thereafter to register
with tho Auditor and Police Judge of
Grants Pass, in accordance with this
Act. And it shall be the duty of the
Auditor and Police Judge between the
first day ol October, 11)01, nnd (1 o'clock
p.m. of November 1st. 1IHJ1, and between
the same datea and hours annually
thereafter to enter upon the propel reg
isters every person who complies with
the requirements of this charter.andwho
is an elector tesiding in theCity, without
charge to such elector.
Skc. 31. No person shall register who
is not a qualified elector and resident of
the ward in which he registers, or regis
ter in any other name than his true
name, and no elector (hull register a
second time in tho same ward.
Skc. 32. The registration books re
quired by this act shall be a general city
register large enough to contain the
names of all electors in the City, which
shall be suitably divided into as many
parts as there are wards in the City,
and one ward register for each ward in
the City, which ward registers shall be
bound In siia lo suit the diff-ireut wards,
the paper, size of pages and ruling shall
be the same as that used or the general
city register. Said registration books
shall be ruled so as to admit ol the fol
lowing information : The elector's
number, date, name (surname and given
name), occupation, nge, residence, sig
nature of elector, signature of Auditor
and Police Judge, and shall contain the
following oath : "I, having been first
only sworn, say upou oath that 1 am a
qualified elector of the City ol Grants
Past, aud the statement here entered np
posite my name as to the qualifications
as such elector are truct"; which oath
must bo administered hy the Auditor
and Police Judge to every elector regis
tering. The Auditor and Police Judge
shall require euch elector to sign the
general city register and the ward regis
Sec, 33. The Auditor and Police Judge
shall close the general city regislei and
each ward register at (i o'clock I', M.
November 1, l'.iOl, and annually thereaf
ter, by writing the word "Closed" Iu red
ink on the next line below the name ol
the last name registered in each ward ;
he shall then on the index pages of the
general city register opposite the name
ot ward, certity the number of electors
registered in each ward, and the total to
registered in the City, and sign his name
and title, and affix ihu seal ol the City
thereto. He Bhall likewise close the
pages of the ward register and tertify In
each of such registers the total iiumlier
ol electors registered iu sucn ward, and
sign the same aith his official title and
affix the seal. The said registers shall
all be public records and shall be kept
in the office of the Auditor and Police
Judge, provided that it shall be the duty
of th Auditor and Police Judge to semi
the several ward registers to their it
selective wards along with other election
supplies, addressed lo the elecliou
judges ol such ward. After the election
such aard registers (hall he returned
along with other election returns by the
judges of election, sealed and addressed
to the Auditor and Police Judge.
Si c. 34. I'pon the day of election
the judges of such election shall ask
every elector it he is registered, and
shall also examine the register, and il
it appears that the elector is not regis
tered in the ward in which he applies
to vote his vote shall not be received.
Sec. 35. Any pertou who shall wil
fully or fraudulently register mure than
once, or register under any but his true
name, or attempt to Vote by personat
ing another alio is registered, or know
ingly register in any ward wheie he
is not a resident at the time ol register
ing contrary to the provisions of this
Act, shall be punished upon conviction,
before the 'Auditor and Police Judge,
by imprisonment not lest than fifty days
nor.more than one hundred days or by
fine not lets than $100 nor more than
200 or both such One and imprison
ment. Ww. Ill I, .k.ll 1 ll.. Ml. r.1 ll..
: Common Council ot the city of Grants
tion books, ballot boxes, poll books,
tally sheets, voting booths and all sta
tionery necessaryaud convenient tor
carrying out the provisions of this Act.
Skc. 37. Judges and Clerks ot elec
tiona.must' possess the qualifications, of
voters of election in Ihe ward in which
they act, but a mistake or error In this
respect ol aiailure to give a notice as
herein provided tor, shall not invalidate
any election otherwise legal. -
Skc. S8. On or before the second
day after the eleclion,(the returns.'there
of must be filed with the Auditor
and Police Judge, and on the Fourth
day alter the election, or sooner, if the
returns of all the wards are in, the
Auditor and Police Judge shall call to
his assistance the Mayor ot the city ol
Grants Pass and they two shall canvass
the returns of the election.
Sec. 31). A written statement ot the
canvass shall lie made and signed by
the canvassers, and filed with the
Auditor and Police Judge within the
time appointed to complete the same;
such writing shall contain a statement
of the whole number of votes cast at
such election, the number cast for any
person for any office and the names ol
sjcli persons elected and to what office.
Skc. 40. Immediately after the com
pletion of the canvass tha Auditor
and Police Judge shall make and sign
a certificate ot election of each person
declared hereby to be elected and de
liver the same to him on demand.
Sec. 41. Such certificates shall be
prima facia evidence ot the laut there
in stated, hut the Common Council is
the judge ot election and qualification
ot the Mayor and Councilmen, aud in
case of a contest between two or more
persons claiming to be elecHed thereto
must determine the same. An election
contest tor any office other than Mayor
aud Councilmen, must be determined
according to the laws ot the State re
gulating contests for Comity officers.
Sec. 42. All officers elected or ap
pointed under this Act, before entering
upon the duties ol their offices must
take, subscribe and file with the
Auditor and Police Judgo, an oath of
office to tha following effect: "I A B
do solemnly swear or affirm, that, I will
support the constitution ot the United
-st'ttes and ol the State of Oregon, and
that I will to the best of my ability,
faithfully perform the duties of
during my continuance therein, so help
uie God." If the person affirms instead
ol the Inst clauso of said oath there
shall be added "and this I do affirm
under the pains and penalties of per
jury". Sec. 43. The form of office for every
person elected to office under this act,
except as hereinbefore provided, shall
commence on the Dist Monday of Jan.
after his election and terminate when
hia successor is elected and qualified
and by such timo, or not more than ten
days thereafter, such person must quali
ty therefor, by taking and filing tho
oath of office or he shall be deemed to
have declined and the office be vacant.
vacancies in omen
Skc. 44, An office shall he deemed
vacant upon the death, removal from
the city or resignation of the incumbent,
or upon such incumbent ceasing to
possess the qualifications of an elector.
The office of Mayor or Treasurer shall
be deemed vacant whenever tha incum
bent thereof shall be absent from the
city for a period ot thirty days, providr
ed, that the Common Council may grant
to such officer a leave of absence not
to exceed sixty days. The office ol
Cotincilmeii shall b deemed vacant
whenever auv incumbent thereof shall
lail to attend any three consecutive
regular meetings ol the Council unless
absent upon leave of Council first ob
tained. All other cily offices shall be
deemed vacant whenever the Incum
bent shall lie absent from the cily for a
period of thirty days provided, that
the Council may grant said officer leave
ot absence for a period not exceeding
sixty days.
Sec. 4r). Vacancies In any elective
office shall he filled by election of
1 lie Common Council, A vacancy in
any other office by appointment ol
the Mayor, with the approval ol a
majority of the Common Council;
and such appointed officer shall quali
fy as iu this Act provided and hold
his office during the remainder ol
the ten in for which he is appointed
unless sooner removed by the Mayor
or hy vote ol Ihe Common Council.
Suction 41. The Auditor and Police
Judge is the accounting ami clerical officer
of the city and Judgo ol Ihe Police Court
and Cleik of the Council. He shall ex-
c-n-i-e and perform all the power and
duties of the Police Judge of the City ol
Grants Pass
Skc. 47. All demands and accounts
against the City shall be presented to
the Auditor and Police Judge with the
necessary evidence in euport thereol
and he shall audit the samo and report
them to the Council with all convenient
speed, together with any suggestion or
explanation which he may deem proper
and pertinent, provided that no demand
or account or either ol them ol fees (or
extra services wifoinied by any officer
under this Act shall he presented to or
audited by the Auditor and PoliceJudge.
All such demand shall be Ihe aubjoct ol
petition to the Council, who shall allow
only lor such extra services at may have
been indispensibly necessary and lor
which no salary is allowed by law.
.Shi:, 41 When a demand or account
has been presented to the Council by the
Auditor and Police Judge, they must ex
amine the same and if they deem it cor
rect they may by vote direct whether
the same shall he paid, or any part
thereof, they may duetu just and legal,
Skc. 4't. When ihe council orderssny
demand or account to be paid the Audi
tor and Police Judge, they must draw a
warrant upon the Treasurer lor the
amount ordered paid, which warrant
must be drawn on the special fund ap
propriated therefor and be signed by the
Mayor, and be attested by the Auditor
and Police Judge.
Skc. 60. The Auditor and Police
Judge's nam of office, whether acting
as Auditor, Pillce Judge or Clerk ot the
Council, U "Auditor and Pelke Judge ol
the City of Grants Paw." It Is bis duly
under direction ot the council to keep a
fair and correct journal ot its proceed
ings and to file and keep all papers and
books connected with the business of the
Skc. 61. He mast issue all license
authorixed by the City ordinances upon
delivery to him of the receipt ol tbe
Treasurer or other officer anthorixed to
celled for licenses, (or the amount of
money required (or such license.
Skc. 62. The Auditor and Police
Judge most keep proper books of ac
count showing therein all sums appro
priated, the date thereof, and out of
what fund ; the date aud amount of all
warrants drawn thereon, and to whom
payable, and all such other matters and
things as may be prescribed by ordinance.
Sue. 53. The Auiitor and Police
Judge is the Judicial officer of the City
and shall hold a Court therein, in the
City Hall of the City of Grants Pass,
aud shall be known as the Police Court.
Skc. 54. : Th office ot Auditor and
Police Judge shall be deemed vacant
whenever he shall be absent from the
City tor a period ot more than ten days,
without the consent of the Mayor, first
had aud obtained, except in case of sick
ness. In the kbsenoeof the Auditor and
Police Judge the Mayor may presldo
over the Police Court In alt matters re
lating to a violation ot any City Ordin
ance or may designate any person hav
ing the qualifications of Auditor and
Police Judge to act In his stead. Such
appointee shall immediately take tho
oath of office and pertorm the duties of
Auditor aud Police Judge during such
temporary absence or inability and he
shall receive the same compensation as
the Auditor and Police Judge; all sums
so paid to him, being deducted from the
salary of that officer,
Skc, 55. The Auditor and PoliceJudge
has jurisdiction aud authority of a Jus
tice of the Pence in both civil and crim
inal matters within the limltsof the City
ot Grants Tubs, and shall have the Baine
power and jurisdiction and be subject to
til general luwj ol the Stale ot Oregon
prescribing the duties and rights ot a
Justice of the Peace and mode ot per
forming thorn, and when acting as a
Justice ot the Peace, must tax and col
lect the same fees and compensation as
are allowed to Justices ot the Peace for
like services, and he shall pay the same
over to the Cily Treasurer,
Site. 56.' All civil or criminal proceed
ings before the Auditor and PoliceJudge
or in the Police Court including all pro
secutions lor the violation ot any Qity
Ordinance are governed and regulated
by the general laws ot the State applica
ble to Justices ot the Peace or Justice's
Court In like or similar cases, but In a
proceeding tor violation of a City Or
dinance the trial shall be without jury
unless the defendant on demanding a
jury shall deposit in Court sum suffi
cient to pay the per diem ot such jury
tor one day, the compensation of which
shall he fi per day for each Juror serv
ing on such Jury. In- all criminal ac
tions and proceedingg in the Police
Court witnesses shall not be entitled to
receive either witness lees or mileage
Skc. G7. All costs, fees and expenses
taxed against or received Irom any de
fendant in any criminal proceeding be
fore the Police Jittlge, either for th vio
lation ot a City Ordinance or a law of
tlie State thill when received or collect
ed, be paid by tho said Judge to the
Oity Treasurer, who shall give him re
ceipts therefor, and all tines imposed by
said Judge, and penalties recovered be-
foro, whether for violation of a City Or
dinance or a state law, shall, when re
ceived or collected, be disposed ot in
like manner, and all toes taxed against
r received in a civil action (or tho ser
vices ot said Judgo as a Justice ol the
Peace or of a Policeman as a Constable,
shall when received or collected he dis
posed ol in a like manner, and suid
Judge shall not be entitled to have or
receive any other or greater compensa
tion lor anything hy him dona or per
formed under or by virtue ot this Act,
tlnn the salary to be provided tor by
Ordinance. The Auditor and Folice
Judge shall make out and report to tbe
Council a monthly statement of the bus
iness transacted before him, whether as
Police Judge or Justice of Iho Peace,
and the amount ot money received and
collected on account thereof.
Skc. CH. The Auditor snd Police
Judge sluill receive such salary as may
be fixed hy Ordinance, but not to ex
ceed Four Hundred Dollars per year
payablo monthly out of the City Treas
ury, as full and complute compensation
for his services as Auditor and Police
Judge, Justice ot the Peace in criminal
proceedings, and Clerk of the Council
Skc. 59. A defendant sentenced to
Imprisonment of 2-'i days or more, or to
pay a fine of Fifty Dollars under City
Ordinances, may appeal to the Circuit
Court of Josephine County upon giving
an Undertaking with one or more sure
ties, conditioned to pay all costs, and
that the defmidaut will render himself
in execution ol any Judgment that may
he rendered, and will satisfy any judg
ment that may lie affirmed, and not
Skc. CO. llelore entering upon hia
duties the Auditor and Police Judge ot
the City of Grants Past shall file a bond
in the sum of OneThousand Dollars, with
two or more good and sufficient sureties,
which bond shall be approved by the
Mayor with the consent of Iho Council.
Si'.c. hi. The treasurer shall be re
ceiver ol taxes and must receive and
keep all money that shall come to the
City by taxation or otherwise, and pay
out the same upon the warrants ol the
Mayor and attested hy the Auditor and
Police Judge.
Skc. 62. The Treasurer shall keep an
account of the general lurid and a sep
arate account of each special fund that
may be raised lor any special object and
when a warrant is drawn upon any
particular fund it shall be paid out ol
that fund only.
Sec. 03. The Treasurer shall make
report ol the receipts and expenditoies
of the City ot Grants Pats on the third
Wednesday ol June and December of
each year and fllo tbe same with Ihe
Auditor and Police Judge within one
day thereafter, and make such other re
ports at such time ss may be required
by tbe Council, and perform such other
duties as the Council may by ordinance
or resolution prescribe.
i' Sac C4. Before entering upon the
duties of his office, the Treasurer of the
City ot Grauts Pass, shall file a bond In
the sum of not less than fSOOO with two
or more good and sufficient sureties,
which bond shall be approved by the
Mayor with the consent of the Council,
and subscribe and take an oath to tbe
effect that be will faithfully and honest
ly perform the duties of Treasurer of
the City of Grants Pas during bis con
tinuance iu office, and that he will ac
count lor and pay over to his legal suc
cessor in office all moneys belonging 'to
the City, that may come into his bands
while acting ss tuch Treasurer. ;
, Sec, 65. The Treasurer shall receive
each salary as may be fixed by ordi
nance, but not to exceed One Hundred
and Fifty Dollars per year, payable quar
terly out ot the City Treasury as full and
complete compensation for his services
as such Treasurer. ' ' ' ' ' ''.
Skc. 66. The City Attorney shall re
present the City in all actions, suits and
proceedings in which the City is legally
interested, he shall prosecute all persons
charged with a violation of a City ordi
nance; be shall prepare all contracts
bonds or other legal instruments In
which the Oity is a party; he shall give
hit advice and opinion ' in writing con
cerning any matter in which the city is
interested , when required by the Mayor
of Council, or any committee thereof;
he shall be in attendance at all meetings
of the Council t be must be an attorney
pt the Supreme Court of the state ot Ore
gon, and shall receive such salary as
may be fixed by ordinance,' but' not to
exceed Three Hundred Dollars per year,
payable quarterly out of the Otty Treas
ury as fall and complete compensation for
his services as City Attorney for the City
of Grants Pass, - '
Sxc. 67. Th Street Superintendent
shall possess the same power and author
ity within the City limits, (or the collec
tion of Road Tax therein and have the
remedies provided by the goneral laws
of the state for Road Supervisors, for
the collection of Road Tax. i
Skc. 68. Tbe Street Superintendent
shall superintend all Improvements ol
public streets, side and crois walks and
alleys, nnd set that all streeti,alleys,sid
aud cross walks of the city are kept clean
and free Irom obstruction ; he shall keep
proper records of all matters relating to
the business ol his office and report
monthly to the Counoll and Irom time
to time give such suggestions connected
with his department at h may duem ex
pedient and perform such other duties as
may be required of him by ordinance
and shall receive such salary ss may be
fixed by ordinance, but not to exceed
$2.50 por dty, 1 payable i monthly
out of tbe City Treasury as full and com-1
plele compensation for his services.
;SkC 09. The City , Surveyor shall
make all surveys and estimates of City
work which may be required ot him bj
the Common Council and shall perform
suoh other duties as may be prescribed
by ordinance. His compensation shall
be fixed by the Council, '.''",,.,
Skc 70. The Mayor, with the consent
ol tha Council, has power, and it is bis
duty to organize, govern and conduct
police force within the limit ol the
City of Grants Pass aud to that end
shall appoint a City Marshal and a suit
able force of policemen ; make all neces
sary and convenient rules and regula
tions lor the organization and conduct ol
said police force ; for tha car and man
agoment of tbe City prison ; for receiv
ing and hearing complaints against any
member ot said force ; for th removal
or suspension ol said force; and lor tbe
forfeiture of all or any portion of Ihe
wages that may be due any member of
said force; or lor negligence or miscon
duct in the discharge ol his dnty, - The
Council hat power by Ordinance to limit
the number of regular policemen to be
appointed or employed by said Mayor,
and may ptovide lor the working ol the
prisoners, and tor the punishment ol
prisoner! who (hall refute to work.
Skc. 71. In case of emergency ths
Mayor shall appoint special policomen
(or a term not exceeding Ave days, and
the appointment shall be filed with th
Auditor and Police Judge. Such special
policemen shall receive such compensa
Hon at the Council may prescribe. All
regular and special policemen by virtue
of this act shall take and file ft like oath
to that ot th Mayor of the Oity.
So:. 72. Tho Oity Marshal Is
pi'Bco ofllcnr, and must execute nil
procueses IhsuuJ by tho Auditor and
Police JudKO or directed to him by
uny uniRlntrnts, in orlmlnnl mnttors
ho shiillninke nrn-Hts for a brenoli o
the pence or coriimlaslon of a crlmo
within Iho limits of tho city with or
without a warrant, as a pence oflluor
mny do under tho laws of tho Slate
Ho niiiBt excrclso a vigilant control
over tho pcuco uud qulot of tho City
He is a keeper of the City prixou or
liouw of correction. He mint collect
all delinquent taxes nnd aast'SsnieiitB
when required hy or,dor or wurruiit,
uml pay the same to the Tieitmirer
forthwith. He must attend regularly
tho Fittings of tho Pollc-o Court aud
tho meetings ot Ihu Council, ho hIiiiII
exerclbe suoh additional power as
tuny be conferred by tho ordinances
of said City to enablu liltn to curry
out tho objects und purposes ot this
Act, fur tho prevention of tires, aud
shall pel form such other duties ns
muy bo required of hi in by ordinance.
Sei;. 7.1. ThoMnrshul shall receive
such salary us may be fixed by ordin
ance, not to exceed fit per month, as
full and cotnpletu compensation for
his services us Marshal, uml shall be
iilJ out of the Treasury monthly.
Her. 74. Policemen shall possess
tho sume power and authority as tho
City Marshal, except a la this Act
provided, and shall receive such sal
ary as may be fix ml by ordluanco,
not to exceed f ) per month, which
shall he paid monthly out of the City
Treasury, as full aud oc tnpluto com
pensation for his services as suoh
Sei-. 75. Tho City Marshal eliall
have control over all Policemen, when
they are on duty, and ahnll toe that
the City ordltiiinnes ami the rules,
orders nnd regulations for the Kovern
ment of tbe police force, are observed
and enforced, lie) mny suspend auy
pollcemun lor neKligence or a viola
tion of a duty until the first regular
or speclul meeting ot the Council fol
1; wing such suspension.
; Sic. 76... The City. Marshal wheat ,
acting under or enforcing ny law ot,;)
statute, other than a oity, ordinance Is ,
entitled to collect and receive the ,
same tee and compensation a ara
allowed Constable far Ilk service, ;
and be shall pay the same over to Jhf ,
Oily Treasurer, as provided in the cos t
of foes received by the Auditor tad
Folice Judge, provided), no, lee. shall,,
be taxed against Josephine eounty
fpr services rendered either by AwJlU ,
or and Police Judge or City Marshal.
The Oity Marshal shall keep Jn hi d
office a book of arrests in which shall ;
be entered by him or under hia, dlrec- ,,
tlon, tbe name ot every person arrest- ,
od, by whom arrested, and. the cause n
and date thereof. -. ,iu ,, , . , , ,
I 8xo. 77. The City Marshal and all ;
other police offloera, and their, sure- ,
ties, shall be responsible to the ; City .
drench person aggrieved, the same, ;
ns Sheriff and their sureties aro now ;
Sku. 78. . Before catering npon the
duties of their efflces, the City Mar- ,
thai and all other police officers shall
file a bond In the sum yfOae Thousand
Dollars each, with two or more sureties, '
which ,bond shall be Approved by the, .
Mayor,, with the consent of the .Coun-'
oil, end subscribe; and take an oath
11101,00 win iaiiMuiiy, pertorm nt
duty as City .Marshal ;or' other, police ,
cjiucer, during hia. continuance la
qflloe, and will aocovtnt tor and pay
over all money that mny 'come to bis
Hands by virtue of his office. ' .
I Seo,7..: The' official bboksand"
papers , ot all officers mentioned In ".
this chaptor are City property, and'!
must be kept as such by such officers
during their continuance In office, J
and then delivered to their successors.
ARTICLE' VII- ' l'"' -I
Suction 80. At the first regular meet ''
ihg of the Common Conncil In January
ql each year, or at soon thereafter at 1
practicable, tbe Conncil shall choose by ''
bailor one ot its mem'jers to preside Over '
the Council and pertorm the duties of v
Mayor In the absence of tbe Mayor from
the Oity, or if he be from any cause nn-' '
able to act SB such, at President of the1"
Council, shall : have and exercise' the ''
powers and pertorm all the duties of the 7
ifsyor." ' ' - "-
SEC. 81, The Mayor and Councilmen
shall receive no psy for their 'services,
and the compensation ot other officers '
shall be provided lor by tbe Common
Council.' - "' J i ' "' '!
I Skc". 82.1' No member of the Common '
Couucil shall during the period for which '
he la elected or' servlug at Such; be in- 9
terested in any contract affecting- the "
ity.'" 11 " .": "' :;-iieji.'.n;
Hfc 83, A majority ot the whole i
number constituting the Council, a.
Uien provided by lew, Is a majority ol
t)ie Council or members thereof, within -1
tlie meaning ot this Act, Snd not other-' -'
wieo, unless expressly so provided." The
concurrence ot a majority of s quorum It '
sufficient majority to determine any i
question or matters except as Id this
Aot provided. '" "' ' ' " "J 1:1 ' '
Sue. St.' The Council1 shall have an. "
Uiorlty to adopt and establish rules and '
By-Laws governing their own proceed-''
ings and the conduct of any and all
elective and appointive officer and may '
punish any member or Other person tor '
disorderly behavior in their presence; 111 '
j Skc. 86. All proceedings of theCoan-"
dil shall be public.1 1 ' ' .,.,.-., -.-.j
J Skc. 80. The council may provide
for the time and place of its ' regular-'
meetings at any ot which it may adjourn '
to the next succeeding regular meeting "
tp some specified time prior thereto, bat '
its regular meetings must be held at 1
Ipaet once In each month.' !' " '' '-' ,i
Skc. 67. The style ot the enacting "'
clause shall be: ' "The City of Grants '
pats ordains as follows i '. '- 1
Bkc. 88.' Kvery ordinance shall be
read three times and msy be read the "
second time by title only, but no ordln- "
Slice shall be placed upon it final pas- '
ange upon tho 'day of its introduction
anlett In case of any emergency and '
upon the vote of three fourths of the 1
Council, and each ordinance shall re- '
celve a majority vote ol all Councilmen
elect, which vote be taken by Yeas atd
Nays, and after approval by the Mayor
as otherwise by this Act provided, shall '
be enrolled In the Book of Ordinances, '
and its passage ceitified to' therein in '
full by the Auditor and Police Judge,' J
Said enrolled ordinances shall be re- '
delved in evidence in a'l Courts.' "' ' ''"
I Bec.89. Ti
hook In wlicli
The Council shall provide a 1
h all ordinancei Shalt be ''
unrolled, and also must keep a journal 1
at its proceedings and on call of any one
of its members shall cause the Yeas snd "
Nays to be taken apOn any question and ''
entered in Its journal; but Optra a tno- '
ton to adjourn th Yeas and Nay shall "
not bu taken nnlese npon a call ol two '
members."-' t -t ' ' t "
: Skc. 00. ' No member of the Council "
shall be liable- or questioned In any' '
oilier place (or words uttered In debate '"
therein. ' ' '' '
i Kite. 1)1. The Common Council (hall
have power and authority within tbe
City ot Grants Pass to provide for the '!
punishment of all violations of th City
ordinances by fine or fine and imprison
went, but no fine shall exceed the sum
oi Two Hundred Dullnn and no imprUK -
oiiment more than Out Hundred days,
of both. ' i
Sac. Vi. When any person shall be
convicted ol any offense under any lawsi
ot tho Oity and shall be adjudged to pay
a fine and cost and shall fail lo pay the. ..
ante be may, iu addition IheretA, be
seuteuced to labor (lay for each two
dollars ol said fiu and costs, en tha .
streets or other public works ot tbe City
under the charge of the Marshal, Street a
Superintendent or other ptrtoo, desig-.,,
nated by the Council, and tbe Couucil ,,
may provide inch letters and manacle h
as may be accessary to secure such per .:
sun during such term of labor. . , . , .. , i
1 Bkc. 03, Tbe Common Council shall - ,
have power and authority, within th.- ,
limits of Grants Pasai . , - , ,
1 1 To asst,levy and collect taxes tor .
general municipal purposes not lo exceed .
eight-tenths ot cn (tei otntim upon all , '
p:opertya both real and personal .which .n
is taxable by law (ur Stat and Couuty : ,
purposes, which levy shall be wad by I ,
writtenresolutionduly adopted by a I woe ;:,
t'nrdt vol ot the Conncil-eleet, and ; .
oiul specify the ob Ject thereof
estimated amount thereof.