f H, .- V EXTRA GRANTS PASS, OREGON, Friday, J as. 25. 1901. For the City of Grants Pass Oregon. The Document to be Presented to the Legislature Now in Session at Salem, ARTICLE I. NAME, BOUNDARIES, POWERS AND BKAL. (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. ARTICLE II. UUVKI1NMENT. 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 Proposed Charter 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. ARTICLE III. UAYOK, HIS l'OWKIIH AND DI'TIKS. 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. ARTICLE IV. ELECTIONS. 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 voter. 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 judt.ee 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 Wards. 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 ter. 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. ARTICLE V. 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. ARTICLUVI, OH OTHER CITY OKHICKIIB 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 Council. 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 otherwise. 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 policeman. 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 0X THS COUNCIL, ITS POWXHS ANU 6CTtgs.' 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 aad.th estimated amount thereof.