WEEKLY EDITION
voi xxix.
GRANTS PASS JOSEPHINE ( 01 XTV, OKF.GON. FRIDAY, SEPTEMllEtt 5. WIS.
NO. 21.
1
A
FOUR INDICTED
BY GUANO JURY
1SODV COMPLETES WORK AXI
MAKES FINAL REPORT.
RETURNS 3 NOT TRUE BILLS
Indict One for Perjury, Oue for llur
glary and Anotlier for Black,
mailing Resident of Hugo.
The Josephine county grand Jury,
which has just adjourned, turned In
true bills against Chas. and Ever
ett Hogue, the former on a charge
of perjury and the latter on a charge
of inciting perjury. Ball was placed
at 5500 each, which will be supplied,
and their case vlll be brought at the
regular September term of court,
which convenes on Monday.
A true bill was brought against
Lewis Humphrey on ' a charge of
burglary, to which he plead guilty.
Bail was placed at $500 and In the
absence of that amount he will re
main in the county jail awaiting
trial next week.
A true bill was also brought against
Geo. McCormack of Hugo on a
charge of Blackmail.
Judge Calkins was In the city the
fore part of the week finishing the
business of the adjourned April
term, consisting of a number of
equity cases.
In the Circuit Court of the State of
Oregon, for Josephine County.
To Hon. F. M. Calkins, Circuit Judge
We, your grand jury, met In ad
journed session on the 2nd day of
September, and have inquired into
all cases brought to our attention,
and have returned into court four
true bills and three not true bills.
Having examined the county home
and different county offices at our
last session, and having found the
same in satisfactory condition we did
not deem it necessary to make fur
ther examination at this time.
Having completed all work be
fore we make this, our final report.
Dated at Grants Pass, Oregon,
September 3, 1913.
A. J. K LOCKER, Foreman.
IT. F. YOUNG.
M. JORDAN.
C. K. WOOLrOLK.
N. SNOW,
W. R. WHIPPLE.
W TI. POLLOCK.
ALMEDA MINING CO.
INSTALLS MOTOR TRUCK
t hi oin Tuesday's Daily.)
E. N. Howe, of the White com
pany, manufacturers of motor cars
and motor trucks is in the city to
day, coming from .Merlin to Grants
Pass, especially, he says, to make
favorable comment of the good con
dition of the Josephine county roads.
He spoke enthusiastically of the
mountain road commending the en
gineering skill and the road work.
Mr. Howe came to Merlin to put
in commission a 5-ton motor truck
which will be unloaded Wednesday
morning for use for hauling for the
Almeda mine, taking coke to the
mine and copper matte or ore from
the mine to the railroad at Merlin.
For the present but one round trip
a day will be made. It is the iiren
tion of the receiver of the Almeda
to add more trucks as the necessities
require or a9 the output will admit.
Mr. Howe was accompanied by
Mrs. Howe. Mrs. E. W. Hill, wife of
the manager of the White companv.
and Miss Wilmore. and they have
had a most pleasant trip throuehi'it.
They will probably drive n:t to ?p).
ma before returning to Portland
Miss Helen Hershoy of ?".n D!- "
stepped off In Grants Pn Wedne-lr-
right to visit MI Rut! V-
Miss Horshev Is on her war to
Kansas City.
ROGUE VALLEY BUTTER
A WOW ON MARKET
Rogue Valley creamery butter is
low for sale in the local market, the
big churn nt the factory having coiu
iuiKd ilia working out ot its des
tiny Thursday of last week, when
the first cream collected on that day,
amounting to SOU pounds, released
350 pounds ot the golden nuggets.
This collection of cream for the first
day was considered satisfactory, al
though all the route that It Is pro
posed to cover was not gotten over.
The farmers along the routes are
taking a lively Interest in the estab
lishment of the creamery, and now
thai it Is ready to take their cream
they promise to add to their herds.
The first churning was taken out
of the churn at about six o'clock,
thirty minutes being required to
"bring" the butter. A good many
visitors witnessed the first operation
of the new enterprise, and all were
full of praise and commendation for
the efficient manner in which the
creamery was conducted, especially
the cleanliness demanded In every
operation In the butter-making pro
cess, and the care exercised by Man
ager Dates and his white robed as
sistants. Mr. Weissenflush, the but
termaker, showed that he was not a
novice, and the many who tasted the
first product of the creamery pro
,uo u need it of the best possible qual
ity. ! The butter was done up in one and
: two pound bricks, and these were
then packed in boxes containing fifty
pounds each. The butter wrappers
are attractive, a view taken of the
Leonard Orchard Co.'s dairy herd
being engraved on one side of the
wrapper. This view shows a dozen
of the thoroughbred Holsteins re
cently brought here from Wisconsin
grazing on the flat floor of the val
ley on the old Penn-Oregon ranch,
with the Rogue hills for a back
ground. Surrounding the view are
the words "Rogue Valley Creamery
Butter."
The butter will be Bold only at
wholesale, but it is expected that ev
ery store In town will carry It for the
retail trade.
M M CONN CROP
IS IN" FINE
I'OXDITIOX
W. T. Miller, of tliu Ashland brooiu
lactory, was iu llie city Saturday
looking alter uis trade, and inspect
ing the crop ut bloom cam iliui is
j growing ui tnio vicinity, imriy
lour acres of the product are being
! raised by local fanners this season
under coutrai t with Mr. .Miller, and
he was enthusiastic over its condi
tion and quality. He said the yield
was the very best, and samples he
had showed it to be of extraordin
arily long and tough fibre. .The har
vest of the crop w ill nut be on here
for some days yet, the planting hav
ing been delayed till late, and Mr.
Miller will bring his baling machine
here to prepare the broom for ship
ment as soon as It Is ready to cut.
Those who have grown the crop
this season are Roy Lathrop, 14
acres; G. S. Eaton, 10 acres, and H.
T. Pritehard and W. W. Canby, 5
acres each.
WATEKSPOIT SINKS
S. S. NERRASIvA L l ( II.
Newport News, Va., Sept. 3.
Three petty officers and five sailors
tf the battleship Nebraska were
drowned today by a waterspout
when a hurricane swept Hampton
Roads. The men were In a launch
tn their way to shore when the
ton' was struck by the water spout
hid Instantly sank.
The Nebraska was anchored off
Fortress Monroe when the hurricane
stru-k. The storm damaged the
wireless station and as rough seas
prcven'ed small hoa's eolng out to
the warship, the names of the dead
have not been learned,
j It Is reported here that the Old
Dominion sldewheel fteamer Mob.leck
sank In the storm npar the rr.cu?h of
j 'he York river hut this has not been
i confirmed. The Mob'eck carrlej a
irrew of eleht and is reported to have
jalso had some passensers on board,
i The wind caused ereat dir-H?"
j t hro'icho"t all X.'.t sec-inn o' the
I i'3'e
NEW ELECTION TO
VALIDATE DONDS
SfPREME COUtT DECIDES CASE
AGAINST CITV.
MUST AMEND THE CHARTER
Decree Was Rased ou Provision
Which Prohibited Ilondlug for
Work Outside Municipality.
A new election will Im re
quired to validate the Grants
Pass bond Issue of (200,000 vot
ed last Devemoor for the purpose
of constructing a railroad to
the Applegate valley. This was
made certain today when the
state supreme court reversed the
lower court, and held that the
issue was not regular, and that
the charter would have to le
amended to make it so.
The decision was based on the
city charter whim the court
holds forbid bonding to build a
railroad outside the city limits,
but it is held that under the law
passed by the last session of the
legislature the city can amend
Its charter and hy holding a new
election vote londs that are
valid.
Chairman Gllkoy of the Pub
lic I tilities Commission, stat
ed this afternoon that It was
evident to him from the word
ing of the bulletins received
from Salem that the defects
were, not serious and that the
only effect of (ho adverse divis
ion of the supreme court would
he to delay the work on the
municipally owned portion of
the railroad. He said that the
commission would he called to
uethi'f (his evening or Wednes
day morning, and action taken
to remedy the defect at the earl
iest Kssililo moment.
At the time of the voting of
(lie bonding last December there
were many who questioned the
legality of the point upon which
the supremo court has decided
against the city, though others
considered that the action of
the legislature in passing the
bill last February permitting
cities to ImmkI for building rail
toads outside the city limits
would cure (bo defect. It Is
evident, however, that the court
based its decision upon the
city's charter, and that before
(lie bonds can he legali.ed the
charter must he amended by
vote of the people, and a new
vote taken upon the bonding
proposition. It Is iltolieved that
this can ho done at a single elec
tion, and that (he election can
ho had thirty days after it is
called hy the city council.
Chairman fiilkey said that he
had not. investigated (bis phase
of the question, imt that he
thought not more than f(0 days
would Im' required to remedy the
defects and make the bond is
sue available.
The deel-lon of the court was
rendered this afternoon, and
the bulletin to (ho Courier an
nouncing the fact read a fol
lows: Salem. Sept. 2. The su
premo court today handed down
hut one opinion, and that was as
to the legality of the Issuing of
bonds by (ho city of Grants
Pass, for (ho construction of a
railroad. The court reversed
(ho lower court, nnd held (be
city had no right to Issue the
IkhmN.
The decision was based on
the charter which forbid bond
ing to d work outldo the city
limit-. I'nder (bo law of
1013 (he thy can amend the
ihvrter ami then tote Itnnd.
! Salem. Or., Sept. 3.- The state
I supreme court today, in the suit of
IS. H R!k?s against the City of Grants
Pass, in an opinion rende:ed by Jus
tice Eakln, held that the defendant
could not issue bonds with which to
build a steam railroad ouslde the
city. Last December the city voted
to Issue $200,000 bonds for building
a railroad to connect with another
having its terminus in Crescent City,
Cal. Mr. Riggs, a property owner,
filed suit to enjoin the issuing ot the
bonds, and the city was sustained by
the Circuit Court. In reversing the
opinion the supreme court holds that
under the old taw a municipality
cannot issue bonds with which to do
work outside ot its limits. It Is
held that before doing such work a
municipality would have to obtain
permission through the passage of
bills by the legislature.
A bill was passed at the last ses
sion of the legislature which gives
municipalities the right to Issue
bonds for work outside of the cities,
and Justice Eakln said tonight that
Grants Pass, If the people so willed
under the new law, could amend Its
charter so as to make the 1200,000
bond Issue legal. The bond elec
tion .in December was held under
the old law.
The opinion calls attention to two
similar cases, the most important be-
In? the Tillamook port suit, which
was decided against the city.
The charter of Grants l'ass pro
vides that $S0,U0U should be the
maximum bond issue, and the court
held that the residents could now
amend the charter so as to provide
for the proposed $200,000 issue.
Tb.3 opinion iu part follows:
This is a suit to restrain the City
of Grunts l'ass from issuing and sell
ing bonds of the city and from ex
pending any money or Incurring
debts to purchase right of way or
building, owning or operating a rail
road either within or without the
city. An amendment to the city
charter, known as section 93 A, pro
vides the common council shall have
authority and power and Is hereby
granted authority and power to In
cur Indebtedness und pledge the
credit of the city for the sum of
$200,000, in addition to other In
debtedness of tho city now outstand
ing for general municipal purposes
In building bridges, roads or electric
or steam roads or tramways within
or without the City of Grants Pass,
in Josephine County, Oregon; to buy
and hold real estate for municipal
purposes.
An ordinance passed by tho city
provided for the Issuing of these
bonds. The questions considered by
the court are:
The power of the city to amend its
charter authorizing tho council to
bond the city to the amount of $200,
000 for the purpose of building a
railroad to u neighboring city for
profit and whether the act of the leg
islature of February 27, 1913, au
thoiizing incorporated cities to build,
own and operate railroads, operated
to give validity to said charter
amendment. The court holds:
A municipality cannot amend Its
charter to confer Itself power or au
thority beyond what Is properly
municipal or governmental. The
power of the legislature Is unlimited
when not restricted by the constitu
tion, but such power does not extend
to a city except as granted by the
state. Section 2, or section 1 A,
article 4, of the constitution does not
confer such power. The rights there
given are municipal. The effect of
adding section 93 A to the charter
was an attempt to Ignore the state
authority and to assume sovereign
rights. Furthermore, such an amend
ment was only an attempt to en
large the powers of a city In addi
tion to those conferred In section 93
and not an attempt to legislate.
We cannot recognize the attempt
ed charter amendment as It was be
yond the power of the city to as
sume to Itself sovereign power that
rest? exclusively In the utato. De
fendants Insist that the legislative
act of lftl3 gives validity to the
charter amendment of December,
1912. but It ran have no retrospc
tivo effect. It does not operate as
an amendment of the city charter,
I 'it charters may he amended to take
advantage of powers granted.
The attempted amendment of the
'Mr'T w,t unauthorbed when
adopted and the leelslatlve art
eniMd 7iv I' r.Q valldPy. Neither It
(ContlnueJ ou lax L" -'it
WANT THE COUNTY
ROADS IMPROVED
LOCAL ASSOCIATION' MARLS
PLEA TO COMMISSIONERS.
FOR HIGHWAY TO FRISCO
liood Koada llouoter Would Turn
Tourkbt Travel Over the Cres
cent Clty-Coaat Itoute.
The executive committee ot the
Josephine Good Koada association,
appeared before the county court
Thursday morulug relative to road
work that is necessary and which
should be doue before the rainy sea
son begins.
The committee had in Its posses
sion a list ot the roads of the county,
their location, estimates as to the
cost of graveling or rock-surfacing
these roads, etc., and made a ploa to
the county court and the county
commissioners to have this work
done at once.
There have been gruded several
miles of roadway In the county, nnd
the association claims that unless
this road that has been graded Is lm-,
mediately graveled or hard surfaced,
placing the snme In proper condition
before the rainy season, these roads
will become Impassable during the
winter and the many miles of good
roads already constructed would in
many cases be made useless. The
stretches of graded road which the
association complains of lies In the
Kerhy, Holland. Slate Creek, Won
der, Williams. Merlin nnd Onllce dls-
tibts.
Itv figures given to the commis
sioners It was shown that If this
work was done this fall, It would bo
of a permanent and lasting nature
and would make the roads all over
toe county 23 per cent better than
they have ever been. It will mean
humluds of dollars saved to the peo
ple of tho county In hnullng freight,
supplies, etc., during the coming
winter.
It will also mean that tho roads of
Josephine county will be ready for
the summer traffic nnd travel at a
much earlier period than If this work
had to be done next spring. The es
timate given tho committee by the
roue! overseer amounts to $S,G0O.00,
but the committee feels that to halt
way repair tho roads would be an in
justice to the people of tho county
and they have asked the county
commissioners to increase tills
amount to $12,UUU.UU, for then the
work could be done in a proper
manner, and in a mauuer that will
make it lasting. They ciuim mat
the object of the Josephine County
Good Koads association, is the build
ing of permanent roads, and that the
money that they are now asking to be
be expended on the county roads,
will be expended iu making perma
nent roads and this work will not
have to be done over, In the future.
Home three months ago the coun
ty court ordered signs made and
placed on the Grants Pass, CreBcent
City road to the county line. The
Good Koads association has also
asked the county court to pay for
tho making nnd painting of 150 signs
marked "(Irnnts Pass, San Francisco
Highway," with an arrow pointing
toward Grants Pass and an arrow
pointing toward San FranelHeo. This
skn the association proposed to have
placed along the coast route from
Grants l'ass through Crescent City,
1'iireka, Santa Rosa, to San Fran
i Isi o. California.
The. association claim that they
can have all the sIkiis made that will
be necessary, Including signs to the
Josephine county caves by way of
the Sii'ker Creek route for $100 00.
A Kiumle of the hIku of tho Grants
Pas, San Francisco Highway was
shown the commissioner and receiv
ed very favorable comment. The
letters are black over lllumlnuin
back ground, which makes an ex
tremely noat dlgn, the arrows point
ing to San Francisco and to Grants
Pass are In red.
ROUGH AND READY
DIST. FOR HOMESTEADERS
A letter uudar date of Aug. 4 9 IB,
wrlttuu by C. J. Buck, luslsunt dis
trict forester, and just received by
li. U. Heudricks ot this city, an
nounced the success ot Mr. Hendrtck
and others who have been Interested
in the opening to settlement ot lands
In the Rough and Ready country OA
the west branch ot the Illinois rlvtr.
This land, some 900 acres la all, U
Included In the Siskiyou forest re
serve, and applications have ba
made tor its settlement under tat
homestead law. The cause ot thee
applicants was taken up to the de
partment and Air. Buck recently vl
ited this city and the reserve to In
spect the land, and hit report now la
favorable to the opening of the tract
to settlement. Under the application
ot the land law regarding agricultur
al lands In forest reserves, the appli
cants will have sixty days In which
to complete their filings on the land
after It Is once open to entry, but it
at the expiration of that time the fil
ing has not been completed, It can be
homestended hy others. Application!
are already on fllo for all the land to
be opened.
W. P. COUNTS SUCCEEDS .
COUNCILMAN CLARK
W. P. Couuts, feed and 'grain mer
chant, succeeds 11. J., Clark as coun
cilman from the third ward ot the
city of Grants l'ass, the continued
abseuce ot Mr. Clark having caused
the council to declare the of lice va
caut, the election of Mr. Counts fol
lowing by unanimous vote of the
Boveu counuilmeu proseut. Mr. Clark
was given a sixty day leave of ab
sence last May, the leave having ex
pired July asth. The charter pro
vides that when a couucilmau Is ab
sent three times wlthoutTeave the
of lice can bo declared vacant, and at
tho three meetings hnd passed since
tlie expiration of the leave, tho
council adopted a resolution declar
ing the vacancy. Announcement
was made by Councilman Everton,
however, that Mr. Clark had an
nounced In a letter to him that he
would not return to resume the of
fice. Tho nomination of Mr. Counta
was the only one miido for the unex
pired term of Mr. Clark, and he was
given the unanimous vote of tho sev
en members. On tho election of Mr.
Counts the mayor announced that
Mr. Clark hnd held membership on
but one committee, he having given
him hut tho single place owing to the
fact that ho had considered tho scrap
ping third warder n maker of trouble,
and bo suggested that other council
men who were long on committee
places might, divide up with the new
member. Clark's office would have
expired this fall.
Public I initios Commission Reports.
The public utilities commission
reported Its audit of bills for the
last half of AugiiHt, and they were
duly ordered paid by tho council.
Tho bills Included those for
grading ou the railroud right-of-way,
und for engineering und muteriuls.
An ordinance was introduced by
Councilman Kverton to repeal the
ordinance that had established the
public utilities commission, ho main
taining that the decision of the su
preme court had made the commis
sion a body unwarranted by law. The
mayor explained that the commis
sion bail authority under tho ordi
nance to supervise and control other
utilities than the railroad, and that
It was properly constituted. Mr.
Kverton tried to net Immediate no
tion on bis ordinance, but. was unable
to get It imst second reading, and It
will come up for final action at the
next meeting,
Propose Settlement of last A Street
Improvement.
A communication was rend from
property holders along Kant A street
rogardliiir settlement of 'he claim of
the city for tho Improvement of that
street. The communication was re
ferred to tho street committee for
report back to tho council,
Tho council nd)ourned to meet
with the public utilities commission
this evening when the railroad sit
uation will bo considered.