-Ol JfMft.Vf't:1f
TEN
jMEDFOKD MATL TRIBUNE, MUIXFORD, OREGON. MONDAY, nKORISfBlt?. 21, 1014
St
mandlng tho recall of said officer as set forth In tho recall poll,
lion, and In not more than two hundrml words, tho of ricor's Jusllfl
cntlon of his course In office. Any officer elected nt Mich recall
election Blind bo deemed to ho elected for the remainder of tho
term hold by tho officer nought to ho recalled.
Sec. 151. When Office Vacated. Any officer sought to be re
moved by any such recall election shall continue to hold hln of
fice until tho result of said election shall bo officially declared.
Sec. 1C2, Minimum; Injunction. It tho Secretary shall re
fuse to accept for filing any such petition, or shall refuse to call
nn election thereupon, nny signer thoreof may apply to tho Cir
cuit Court of the State of Oregon for tho County of Jackson for n
writ of mnndnmus to compel him to do so. Any officer sought
to bo recalled may apply to said Court for a writ of Injunction
against tho calling of nny such election on the grounds of tho
insufficiency of such petition. The said Court shall have Juris
diction of all matters arising under the provisions of this Article.
Sec. 1G3, No Hccnll Petition For Slv Month. No such recall
petition shall be circulated against any officer until ho hns held
his office for at least six months.
ARTICLE VIII.
1NITIATIVK AMI IIUFKKKXDUM
Sec. 1K4. Inltlntlro Petition. Any ordinance or amendment
to this Charter may bo proposed by Initiative petition signed by
legal voters of the City equal in number to nt least fifteen pur cent
(it tho vote cast in the last preceding municipal election.
Sec. 105. Ilcqulremcnts. Tho requirements, contained in
Bee's. 147, US and 140 of this Charter, as far as they may be ap
plicable thereto shall apply to an Initiative or referendum petition.
Sec. 16C. Petition to Contain Text of Measure. Every sheet
of such petition for signatures of petitioners shall bo attached to
a full and correct copy of the title and test of tho measure pro
posed thereby. All sheets comprising any such petition shall be
bound together by the Secretary when tiled, in such form that
thoy may bo conveniently preserved.
Sec 157. Hoard May Adopt. When nny such inltiatlvo peti
tion Bhnl have been filed with the Secretary, he shall transmit tho
samo to tho Board of Directors at It's noxt meeting. It such peti
tion calls for an enactment other thnn an amendment to this Char
ter tho said Doard of Directors may adopt the same without change
as Its own enactment Hut it said Doard shall not so adopt said
proposed measure, then the Secretary shall cause the samo to bo
submitted to the electors of the City for approval or rejection at
the noxt election held in said City, more than thirty days after
the filing of said petition, or at a special election called for that
purpose If requested in the Initiative petition and ordered by vole
of the Board of Directors. The proposed measure shall be put
on the ballot in such manner that the electors may voto "Yes"
or "No" on the question "Shall the proposed mcasuro be
adopted"?
Sec. 158. Ballot Title. When any such petition shall bo
transmitted to tho Doard of Directors a copy shall also be sub
mitted to tho City Attorney or the officer performing the duties
of that office who shall forthwith draft and return to the Secre
tary a ballot title for such measure. Such ballot title may be dis
tinct from the legislative title and shall express In not more than
ono hundred words the purpose of tho measure. In drafting such
ballot title, said City Attorney shall give a true and impartial
statement of tho purpose of said measure In such language that
the samo shall not bo an argument, or likely to create prejudice
for or against the measure. . If any signer of such petition deem
tho ballot title as drafted by tho City Attorney not In accordance
-with tho provisions of tho last sentence hereof ho may apply to the
Circuit Court of the Stato of Oregon for Jackson County for an
order correcting said ballot title so as to comply with the above
named provisions. Tho ballot title shall be printed with the bal
lot numbers of said mcasuro on the official ballot.
Sec. 159. Enacting Clause. Tho enacting clause of all inl
tiatlvo measures submitted to tho peoplo shall be: "The people
of tho City of Medford do ordain as follows:"
Sec. ICO. Adoption. No initiative measure shall be adopted
unless it receives an affirmative majority of tho total number of
votes cast on such measure. If two or more conflicting ordin
ances, or two or more conflicting amendments to this Charter
shall bo approved by the people at the same election, that receiv
ing tho greatest number of affirmative votes shall be paramount
in all particulars as to which there is a conflict, even though such
ordinance or amendment may not have received tho greatest ma
jority of affirmative votes.
Sec. 1C1. Proclamation. Tho votes for and against any such
mcasuro shall be counted by the precinct election officers before
tho ballots aro sorted as provided in Sec 137 hereof, and return
thereon mado to tho Secretary who shall, as soon as possible
thereafter, in the presence of the President of tho Doard, canvass
said returns. Tho President of tho Board shall thereupon issue
nnd cause to bo published In a newspaper published and of gen
eral circulation in tho City, a proclamation setting forth the
whole number of votes cast for and against each such measure
and declaring such measures as aro adopted to be in full force and
effect from date of such proclamation, unless in such measure It
iihall be provided that It shall go Into effect at some subsequent
time. Such proclamation shall contain a full tltlo and text of all
such measures.
Sec 162. Any Number at Kanto Klcctlon. Any number of
proposed measures may be voted upon at the same election in ac
cordance with the provisions of this Article.
Sec 163. He reread um. No ordinance or resolution of the
Board of Directors, except a measure for the immediate preserva
tion of the public peace, health or safety, which measure shall
contain In a separate section a statement of the reasons for Its
urgency and be passed by tbo affirmative vote of at least five mem
bora of tho Board of Directors, shall go Into effect for ten days
after its passage. If. during said ten days, a petition, signed by
legal voters of the City equal In number to at least ten per cent
of the votes cast in the City at the last preceding election, shall
be filed with tho Secretary protesting against the passage of such
ordinance or resolution, tho same shall thereupon be suspended
from going Into effect. Unless tho same shall be repealed by
tho Board of Directors, it shall become tho duty of tho Secretary
tnxes, if nny, nnd n .reasonable allowance for depreciation. Tho
City shall cause to be published annually a full and correct finan
cial report covering tho nbovo Items nnd the general results of uny
such City ownership or operation,
Sec. 1CS. May (irnnt I'rnncltNcs. -Subject to the limitations
contained in this Charter, tho City mny grant franchises to Indi
viduals, or corporations for tho construction, maintenance nnd
operation of any public utility, and to that end mny grant n right
to uso nnd enter upon nny street or public place, and to construct,
erect or lay nny tracks, pipes, conduits, poles, wires, or other
structures In, upon, under, over or along nny street, thoroughfaro
or other public place In the City necessary or convenient In tho
construction, maintenance and ubo of nny such utility.
Sec. 169. KrmicliUes Strictly Oonitrned. All franchises nnd
ptivileges respecting public utilities shall bo strictly construed in
ravor of the City nnd shall not bo held to have been granted unless
granted In plnln unmlstnknblo tonus.
Sec, 170.' Must Not Compete (With llty Utilities. No fran
chise shall over b- granted tor tho construction or operation of n
tunny mat. wottiu no in tno nniuro oi n competitor witn an aironuy
cxlstlng utility owned or nporatqd by the City.
Sec. J7K Xo Kxrlujdte or lVrtetunl Vnuiehle Time IJmlt.
No exclusive fradchlso shall over he grhnted within this City.
Tho longest time for which any franchise, or' renewal thoreof, may
bo granted, .shall bo twenty-five years.
Sec. 17." OtyN Assent To Transfers.--No franchise granted
by the City shall be sold, loafcbdt assigned or otherwise alienated
without the'expross constnt oKthe City by ordinance of the Board
of Directors; and no dealings of the City with any such nsslgneo
or lessee shall be doomed to operate ns such consent.
Sec. 173. (mpcnntlou. No franchise shall eer bo granted
by tho City except with provisions for proper compensation to tho
City therefor, such compensation to consist of a percentage of the
gross receipts received by tho owner or usor of said franchise for
tcrviccs thereunder: and tho City shall retain tho right whether
expressly stated In tho frnnchlso or not, to provide for ascertain
ing accurately the amount of such gross receipts per annum; pro
vided however, that a franchise may provide that no such compen
sation shall bo paid to tho City until tho earnings of tho utility
aro adequate to pay alt legitimate operating expenses nnd taxes,
to maintain the plant and fixtures at a high practicable standard
cf efficiency and to provido a return of five per cent upon tho
capital actually Invested In tho utility. Such compensation shall
be In addition to any license feo or taxes leled against the pro
(crty of tho owners of any such franchise.
Sec. 174. City to It eg" late Kate. Tho power to regulate all
rates, charges or fares asked or collected for services under pub
lic utility franchises is hereby reserved to the City, and no fran
chlre shall be granted except this right be retained by tho City.
Said right or regulation may be exercised by ordinance of tho
Board of Directors. This right of regulation shall Include tho
right to require nny reasonable extension or enlargements of tho
rcrvice rendered to the public, and an adequate and convenient
maintenance of such service.
Sec 175. Provide For Safety, Ktc. Tho grant of nny fran
chise shall be subject to the right of tho City, whether expressly
teserved In said franchise or not. to make and enforce any and all
regulations which tho Doard of Directors may deem necessary to
ptovldo for tho accommodation, safety and welfare of the public,
and to protect, it from danger or Inconvenience In the operation of
nny business authorized under the franchise, which shall Include
tho right to require any railroad or street railway company to
elevate or lower any of Its tracks and to require any company
erecting poles or wires to remove Bald poles and place said wires
underground whenever, In tho judgment of tho Board of Directors,
the safety or convenience of the public requires.
Sec 176. Kogulato Apiortlonnient Among Utilities. Thd
City shall at all times have and retain tho right to control tho
dlftrlbutlon of space in, over, under, across or along all public
streets or places to bo occupied by the tracks, conduits, wires,
l.oles, or other fixtures or property of the various utilities which
may at any time, occupy any portion of such streets or public
places. In case of the admission of nnothcr utility to any street
ot public placo, or tho enlargement or relocation of tho fixtures of
an existing utility, or tbo carrying out of any public Improvement
books of ncounts accord In It to forms prescribed hy the Itnllrond
Commission of Oregon. In ennu nny utility extends Its operations
to nn extent beyond which tho City doen not have the right to buy
or condemn Its property should It terminate tho franchise us
herein provided, separate books of accounts us above shall be
kept for that part of tho utilities' business coming within tho
right of tho City to purchase or condemn. Every person or cor
poration operating under any franchise grant from tho City shall
file with tho Secretary of tho City an annual report of the status
nnd financial operations of that utility during the preceding fiscal
year which shall shew: (1) tho amount of authorised and out
standing capital stock; ('!) tho amount of authored and out
standing Indebtedness; (.) ah Itlmucd statement of receipts
nnd expenditures during tho preceding year with balance shoot;
(I) payments of tnxes; (5) payments of Interest on Indebted
ness; (G) payments, on salary accounts with names ot persons
to whom paid with amounts; (7) payments ,lu wages to lt 'em
ployees; (S) payments ns dividends; (0) stiqh other Informa
tion ns the Board of Directors mny require. '
The Board ot Directors mny from time to time, upon reason
able notice, call for such
regard to such utility or
I .. t An.k.n. In. bIi.I1 . r. wl fl M. I ff t. FhMl.lt.lti.il W U ..... .. ,.
si. ch utility, uo far ns It Is posslUMito do, so; J (J
thr
which shall, in tho judgment of tho Board of Directors, requlro
the moving or re-adjustment of nny utility fixture existing in nny
fctrcct or public place, tho Board of Directors may.prdor such re
adjustment nnd fix the method whereby It shall be carried out and
hj whom tho expense thereof shall be borne. Any granting of n
franchise by tho City shall bo asstimed to place upon, tho grantee
thereof an obligation to move, adjust add relocato such grantee's
fixtures In any street or public place wholly or In pari at the ax
ponso ot said grantee, as may bo prescribed by tho Board ot Dlrcc-
torH-
Sec 177. City May Acquire. Every franchlso hereafter
granted shall be, whether In specific terms reserved therein orjiot.
subject to, tho right of tho City, after tho expiration of a snoclflcjl
term which shall not be more than ten years, and upon .wrlttei?
nntico to the owner or user of said franchlso at least ono, ycartnV
aovanco incrcoi, to terminate mo irancniso or grant ana vaxo.ovvr
tno property necessarily or conveniently used in the operation or
such utility. The City shall have the right to acqulro such pro
perty by condemnation or other lawful mode of procedure; but
any such method of acquisition shall be alternative to, tho right
to purchase. Any such property so taken over by the .City-shall
be held as tho City's property and may bo operated. by tho City
under Its ownership, or may bo leased to other Individuals or cor
porations for operation. Tho purchase price shall bo ascertained
as may bo prescribed In the franchise, but in no case shall tho
grant or franchise Itself be given n valuation, and the price to be
paid shall be based upon tho actual capital Invested In the physical
rroperty belonging to tho utility, due account being taken of de
preciation. Any additions, betterments and extensions actually
made shall be added to the capital account as of the date when
the same wero constructed; but any renewals or replacements of
any part of the plants or fixtures shall be deemod to be part of
the cost ot maintenance and operation and shall not bo charged
to capital account. Upon tho City's taking over any such pro
perty of a utility, by purchaso, condemnation or otherwise, all
i franchise rights, original or renewed shall at onco terminate. No
Litrj I -. a . mm It Ian iw vAnAttlnl V nnn aK II ta, Vflllfl HtilAia If
to submit the samo to a voto ot tho electors of the City. Such I .i ,ih .t........ , n.h.i r fivi.. ui...i.. .... .,.,
ordinance or resolution referred to the people shall not go Into
effect unless and until a majority of tho votes cast thereon shall
bo In favor thereof.
Bee. 164. DlrectorH Mny Propose, Tho Board of Directors
may submit to a vote of the qualified olectors of tho City for adop
tion or rejection any proposed ordinance or resolution or amend
ment to this Chartor In the samo manner and with like force and
effect ns is provided in this articlo for measures submitted on peti
tion. Sec 165. Ilefcrendum Klcctlon. The provisions of See's. 154,
155, 157. 160, 161 and 162 of this Charter, except as to the num
ber of signatures required, shall apply, where applicable, to a
referendum petition and election.
ARTICLE IX.
FltAXCHISES AND PUHMG UTILITIES
Sec. 106. City May Own Utilities. The City shall have tho
right to acquire, construct, maintain and operate any or all public
utilities; and any fixtures, plants, systems, works, tracks, pipe
lince, wire lines, poles or other works or constructions of any kind
necessary or convenient in the construction, maintenance and use
of any utility within or without the corporate limits of the City.
Sec. 167. City'a Books and Account. The books of accounts
covering the ownership or operation by tho City of any public util
ity shall bo kept distinct from other city accounts and in such
manner as to show a full and correct record of such City's owner
slip or operation. Such accounts shall Bhow the actual cost to
the City of the utility owned; and all costs ot maintenance, exten
sion, improvements, repairs; If the City operates such utility, all
operating expenses in proper classification; the amounts set asldo
for and contained In sinking funds; tho value ot any service or
materials furnished to said utility free of chargo, and the value of
xorvico or materials given by such utility to city departments
or other public uses freo of charge; Interest accounts, insurance,
expressly provides thorelu a method of fixing a valuation upon tho
property that may bocome connected therewith, for the purpose of
enabling the City to acquire tho samo; and. unless It expressly
provides that tho City shall not havo to pay for tho franchise or
grant itself as property.
Sec. 178. Paving Ik'tueen Tracks. Any franchlso granted
for the operation of any railroad or street railway shall provido
that tbo user of such franchise shall pave that portion of the
street over which it shull have laid any of its tracks, between the
rails and for a space of at least ono foot on tho outsldo of the outer
rails; and shall repave any portion of said street from which tho
pavement shall have been removed or injured in connection with
the laying of any such trucks. Such paving- or repavlng shall be
In the same manner and with the same material as the street shall
have been paved by the City if so ordered by the Board of Direc
tors. In case auch street shall no( have been paved, then until
It shall be paved, the user of such franchise shall fill tho samo
between tho outer rails and to the onaa of tbo ties with such
material and In such manner as the City may requlro and shall
keep said space In good repair.
Sec. 179. Bridges; Viaducts. In any franchise grantod by
the City whereby the right is given to uso any bridge or viaduct
built by the City, provision shall be made for tho payment by
the owner or user by such franchise ot any cost or expense of
making such use of any such bridge or viaduct, Including any
Iteration, repair or strengthening of same.
Sec. 180. Maintain General Supervision. The Board of Di
rectors shall, either directly or through such officer or officers as
it may designate, maintain general supervision over all public
utilities so far as It Is consistent with this Charter, and In accord
ance with any regulations prescribed by stato law or any state
Board or Commission created for that purpoto so far as thoy shall
not be in conflict with the provisions of this Charter. Every
person or corporation pperatlng under any grant or franchlso
from tho City, whether heretofore or hereafter granted, shall keep
rs mny rrom time to time, upon reason-
supplementary or special Information In
Its oNratlort i It rua' dMrei'n'nd'.1ucl)
;hwlth thrdttuiifd. by th oWnerorj utter ot
Is posslUMito do, sb,J j ' ' J
Tho Board of Directors may proscribe forms for all reports,
! dates within which 'thqy hhnll lio'tllcd arR'tnu'ponaltlon for
failure to file them as rwuflred. ir,i! '
Tho Board of Directors. riiay,.it ihii tlinMpl)qr directly or
ttrough Its ugents, examine nny and nil books of account and
records covering tho ownership nnd operation of nny such Utility
t.o fur ns tho samo shall tall within tho Jurisdiction of the City to
purchase or condemn its property.
Tho obligations herein required of the owners or users of pub
lic utilities may bo enforced by appropriate legal proceedings.
Sec. 181. Joint Use of Fixture. Any franchise granted by
the City shall be subject to tho City's right to requlro the owner
or user thereof to share with tho City or with any other person or
corporation holding n subsequent franchlso front the City, tho uso
of Its tracks, poles, conduits, or other property or fixtures to an
extent that such uso shall bo safe nnd shall not unreasonably In
terfere with tho service bolng rendered or to bo rendorod by the
owner of such property or fixtures, providing that tho City or tho
person or corporation desiring' to use tho said property or fixtures
shall pay to tho owner thereof n reasonable compensation for such
UFO.
See. 1S2. Franchise ltccordi.-As soon as convenient after
the adoption of this Charter, the Board of Directors shall provide
and cause to bo kept In tho office of the Secretary ot tho City cer
tain books of record as fallows; (1) A Franchise llecord, In
which shall bo kept full, true and correct copies of all franchises,
renewals, and modifications thoreof. at uny time heretofore or
hereafter granted by tho City; also a complete and conveniently
arranged history of nil franchise grants, with the ordinances, regu
lations ot tho Board of Directors and any proceedings nt law re
secting each and every thereof. (2) A separate book of record
for each public utility heretofore or hereafter granted by
the City, which shall contain a full nnd correct history of
such franchises nnd, so far as obtainable, tho operations
thereunder. Including tho nnnunl reports thereof to the
City and tho inspection reports' thereon made by officers or
representatives of the City, nnd such other matters of Information
and public Interest as the Board ot Directors may, from time to
tlmo direct.
Sec. 183. FnutchlKe Granted and Acquired Only on Popular
Vote. No franchise shall bo granted by tho City, no renewal shall
be allowed and no purchaso or condemnation by tbo City of the
property bolonglng to any franchise utility shall be mado except
when ratified by a majority voto ot the qualified electors ot tho
City voting thereon.
Tho question of any auch franchlso granting, renewal or pur
chase or condemnation may be submitted to tho olectors at either
a general or special election, cither on referendum or Initiative
petition or by tho Board of Directers: but no question of tho
granting or renowal ot a franchise shall be submitted to tho elec
tors nt a special election called for that purpose, until the appli
cant for such franchise or renowal shall have deposited with tho
Secretary of tho City a sum ot money sufficient, in tho opinion
of said Sccotary, to defray all costs of such election, from which
sum said costs shall be paid.
Sec 14. Itenewnls. Tho renewal of any franchise grantod
by this City, or the modification of the terms thereof shall bo sub
ject to all tho conditions as to proceeduro and limitations ns are
appllcahjo to original franchlso grants. No such renewal shall be
for n, period In excess of that ot tho original franchise. No fran
chise shall be renewed beforo ono year, prior to Its expiration.
Any modifications of a franchlso shall bo ot fdrco only durlui; the
'unexpired term ot such franchise,
v Sec. 185. Arbitration of Dispute. Whenever any disagree
mentor dispute shall arlso botweon nny owner or user of a public
Nitlllly granted by the City and its employees or any thereof, which
io--XhoJudgmont of the Board of Directors Intcrfcrs or threatens
to inturrore witn me giving to tno putiiic, ot n satisractory, unin
terrupted and safe service, the Board of Directors sHall have the
ilghpto'ubmit such disagreement, or dlsputo to arbitration under
cuch ters and procedure as H may prescribe by ordinance, which
ordinance shall provide how the arbitral authority shall bo consti
tuted, that each sldo shall have a full and equal hearing beforo It,
that the hearings shall bo public and that the findings of such ar
bitral authority shall be final and btndliig upon the parties to atich
dlsputo. ,
Sec 18b, Temporary Permits Not Franchises. Tho Board of
Directors may grant a permit for tho use of any street or public
place and the samo, if revocable by tho Board of Directors at Its
pleasure shall not be considered to be u franchise ns that term
Is used herein. And tho Bonrd of Directors may grant to railway
companies tho right to lay side-tracks or connect a railroad with
any warehouse, factory, establishment or parcel of land which, In
Its judgment needs switching privileges, providing the assent
thereto In writing has been obtained from the owners of a major
part in frontago of tho parcels of land In front of which tho said
proposed side-track would pass; and the granting of such right
shall be revokablo by the Board of Directors at Its pleasure and
shall not bo doomed to be a franchise as that term l used herein.
Sec 187. Otlier IrovlHlons and MmltatlonN Pnnlbo. Tho
specification In this Charter of matters which must bo included
In every franchise shall not bo construed as limiting tho right of
tho City to insert in nny such franchise any other matters, condi
tions, terms, restrictions or proYlxlons as shall be doomed proper
to protect tho rights or tho City nnd Un people,
AllTICLE X".
C'lVin HKHVlCrJ
Sec 188. Appointment, The Hoard of Directors mny at any
time, and shall within sixty dnya after an official announcement of
any State or National ccusua whereby the City of Medford shall
bo shown t havq a population or not less than twenty thousand
peoplo, create n Civil Service Commission to consist of three elec
tors of tho City who shall servo without compensation.
Sec. 189, Term. Of tho first Commission appointed, tho
term of one member shall explro January first next following after
his appolntmont, the term of another member shall explro January
first of the second year after his appointment, and tho term of tho
third member shall explro January first of the third year after his
appointment. Annually thereafter tho Board of Directors shall
appoint ono mombor to fill tho vacancy caused by the expiration of
a term, so that ono member shall be appointed ouch year for a
ttrm of threo years.
Sec 190. VacancyjQuorum. Any vacancy In the Commission
shall be filled by tho Board of Directors for the unexpired term.
Two members shall constitute n quorum.
Sec. 191, Officers; Equipment. Tho Commission shall select
ono of Its members as Chairman, and ono us Clerk who shull keep
a record of tho meetings ot the Commission. The Board of Di
rectors shull provido sultublo accommodations and equipment to
enable the Commission to properly and adequately attend to Its
business,
Sec, lUU, HcgulaUoni.-Thti Hoard of, Directors shall from
time to time prescribe such rules tor tlin conduct of uald Colic
mission's htmluens nn It may deem proper. Among iiuoh ruen
htiall be those prescribing what employees or tho City shall ho con
sidered under civil service rules, providing for competitive exnini
tuitions, tho creation of eligible Hls Upon Which shall be entered
the tinmen or successful candidates and Ihelr standing In Mich ex
nliiluatloiiH, the certification of such lists lo Mm appointing offlcnrn
of the City, and rules for Investigating and keeping records of
the work of the City's vmplnyees that their retention and promo
tion may be based on merit, experience ami good record. Tim
Commission may make such additional rules not Inconsistent with
these prescribed by the Board ot Directors, ns It may find neces
sary or expedient,
See. lt3, ItceommeiulatlniiN Not Minding. Neither the crea
tion of, nor nny act by such Civil Service Commission shall tin
construed to Iiiimho n legal or moral obligation upon the appoint
ing officers of the City to follow the suggestions, nxproitscd or Im
plied, or such Commission; It being the Intent hereof that Its func
tion shall be, t,o assist In providing that tho City's employees should
be appointed, retained and promoted on tho basis of fitness und
merit alone.
Sec. 194. KNninlnntloiiN. . All examinations shall ho open,
flee, Impartial ami thoroughly practical nnd shall relate to thoitn
subjects and consist of such Investigations and testa ns shall
fclrly show tho relative abilities of tho porsons examined to per
form tho work required In tho position to which appointment in
sought. No person shall bo Id any way favored or discriminated
aitnnst because of his religious beliefs or political opinions or af
filiations. Sec. 1U5, Itotuowtl. Tho Board of Directors may nt any
tunc, by an affirmative vole of four members thereof, remove any
member of tho Civil Service Commission for Inefficiency, neglect
of duty or mnlfeasanco In office, having first given notice to such
commissioner or uny charges against hi in and an opportunity to
be heard In person and by counsel In his own behalf,
' ARTICLE XI.
MIHt'EMiANKOUH
Sec. IPC. Terms of Elective Officers. The terms of all elec
tive officers provided for herein shall begin nt 1000 o'clock A.
M. on the first Tuesday following their election, or as noon there
alter ns they shall qualify; providing however, that If any officer
shall not qualify within thirty days after duly declared elected,
the otrice to which he was elected shall bo considered vacant and
shall bo tilled as provided In this Charter
Sec. 197. Oath of Officer. Every officer of the City shall,
beforo entering upon his duties us such, subscribe to an oath, to
bo filed and kept In the office of tho Secretary or the City, that tin
will support tho Constitution of tho State of Oregon, the Charter
and ordinances or the City of'Medford, that lie will not administer
tho duties ot his office with the purpose of benefiting any political
or private Interest, that ho will not mnkn or authorise the expendi
ture of public money other than for adequate return or efficient
scrvlco to the City, and that ho will In every respect faithfully dis
charge the duties of his offlco to tho best ot his abilities.
Sec.' IUS. Violation of Charter. The violation of any provi
sion of this Charter, or of any ordinance or tho city, shall be
deemed to be a misdemeanor, and nny person convicted thereof
may be punished by flno or Imprisonment, or both, as herein pro
vided. Sec, 19P, lws Continue In Force, All ordinances not In
conflict with the provisions of the City Charter In force at ttm
time of their adoption, and all resolutions, rules and regulations
In force In the City at tho time this Charter Is adopted, shall con
tinue In full force and effect until changed by due process ot law
or under the provisions hereof.
Sec 200. Obligations, Anions. Ktc. . All official bonds, obli
gations, contracts, and all other Instruments entered Into or exe
cuted by or with the City In compliance with the provisions ot tint
rresent City Charter prior to the time this Charter Is adepted:
und all rines, penalties and tnxes owing to tho City; nnd all writs,
prosecutions, actions and cause of action to which the City Is a
party, shall be unatfectod to the adoption or this Charter. And
specifically those several bond Issues of this City nam ml below
aro hereby valldatod and re-afflrmed as legal, binding obligations
of tho City, to-wlt:
1. Bend Issue ot $45,000 dated March 1st, 1907, authorltsd,
by Ordinance No. 133 adopted February 38th, 1907. ,
3. Bend Issue or 135,000, dated February 1st, 1908, author
ized by Ordinance No, 144 adopted February 18th, 190H. ,
3. Dond Issue ot 139,000, dated July 1st, 1908, authorised
by Ordinance No. 164 adopted August tlth, 1908,
4. Bend Imuo or 134,000, dated July 1st, 1908, authorised
by Ordinance No. 165 adopted August 14th. 1908.
5. Bend Isnuo or 1:93,000, dated July 1st, 1908, authorised
by Ordinance No. 166 adopted August 14th, 190H.
6. Bend Issue of 130,000. dated August 1st, 1910, authorized
by Ordinance Nn. 376, adopted September 9th, 1910.
7. Bend Issue ot 138,000, dated April 1st, 1911, authorized
! Ordinance No. 530, adopted July 35th, 1911.
K. Bend Issue nt 130,000, dated October 1st, 1913, author
ized by Ordinance No. 715, adapted November Nth, 1913.
Sec. 301, Officers Continue lo Serve, The torm or govern
ment existing in this City at the tlmo this Charter Is adopted,
shall continue, and all officers and employees of the City shall con
tinue to serve as such with their respective duties, powera aul
emoluments, until the ofricors first elected hereunder shall have
qualified. Upon such qualification the terms of all City officer
and employees theretofore existing shall cease and be determined.
Sec. 303. lily's f.Uhllliy For Accident, Vo recourse shall
bo had against tho City for damage or loss to person or property
sustained hy reason or tho defective condition or want of re pa li
ef any sidewalk, street, alley, public place, embankment or excu
vutlon within the City, unless tho person sustaining such dnmagn
or loss shall, within thirty days alter tha happening causing the
same, give written notlcn to the City, riled In tho offlco of tho
Secretary, stating tho ttnm and placo ot such happening, tho
nature and cause of the damago or loss sustained, and tho amount
claimed therefor.
Sec. 203. Medford Head DUlrlrt. All or Sections Twenty
four (34) nnd Twenty-five (25) of Township Thirty-seven (37)
South, Itango Two (3) West, and all of Sections Nineteen (19)
nnd Thirty (30) of Township Thirty-seven (37) South, Itniige One
(1) West, Including tho City ot Medford, shall constitute an inde
pendent road district, to he known as the Medford City Hoad Dis
trict. The streets, alloys, county roads and highways, parks and
other public grounds of said Bend District, und City, as a part
thoreof, shall be under the earn and supervision ot tho Board ot
Directors of tho City ot Medford, subject to the provisions of this
Charter.
All bridges and culverts In said City and Hoad District, upon
any county road thereof, the cost of construction of which will
not exceed tho sum of Twenty (130,00) Dollurs, shall be built and
I'lnlntulnod by said City, but nil thereof In oxcess of said sum shall
fm built, maintained and repaired by the County lu which said
City Is slluuto,
Tho following Is tho form In which tho foregoing meusiiro w
appear on the official ballet:
ANNUAL CITV ELECTION. JAN U Alt Y 13TII. 1915.
SUBMITTED BY IlESOLUTION OF THE CITY COUNCIL.
MAIIK BETWEEN THE NUMBER AND ANSWER VOTED
TOR.
CHARTER AMENDMENT VOTE "YES" OR "NO".
AN ACT TO AMEND THE CHARTER Or' THE CITY OF MED
POilD providing tho powers of said Municipal Oovornmont; tha
manner or election or appointment or Its officers; defining their
dutlos; providing for tholr romovul; providing tho manner of con
ducting tho business nnd affairs of sold municipal corporation by
tho system known as tho "Director-Manager" form of Government,
and repealing all provisions or tho said existing Charter lu con
flict herowitn, whothor unacted by tha peoplo ot said municipality
or by tho Legislative Assqmbly ot this Stuto,
400 Yes.
401 -$o.
HAD
HAU
L
M
INTO
ARIZONA
8AN FRANCISCO, Dec. 21. The
Southern Pacific is reminding wlno
und liquor shlppors in general, that,
owing to the now prohibition law
In Arizona, which becomes effective,
January 1st, it will be necessary
for the railroads serving that state
to decline to accept for transporta
tion to Arizona points any shipments
ot intoxicants after January 1st.
MkewfBe, i. will not bo posslblo to
accept such shipments which cannot
bo delivered at destination on or
prior to December 31st, 1914.
The law was adopted by popular
voto In Arizona; and the railroads,
as common carriers, aro charged
with tho samo responsibility ns In
dividuals for tho observanco ot it.
Agents, conductors and others have
been notified to bear this actively in
mind.,
Interested shippers have been urg
ed to forward any shipments of this
nature intended for Arizona points
without delay, as the carriers must
be sure they can get the shipments
Into the state by December 31st,
1914, or refuse to accept them.
The Instructions do not apply to
shipments of liquor between points
In Arizona over a route entirely with
in tho stute, nor to shipments from'
Arizona to points outside UK' state,
RIVAL HAN
FACTIONS HOLDING
POSITIONS AT NACO
WASHINGTON, Dee. 21.-Hrifm-ilier
General BUhk, commaniliii,' (lie
bonier troops nt Kitco, Ariz., toduy
reported that the rival Mexican fuc
tionti wore fdill holding their positions
nnd that leultory firing continued.
He mado no mention of uny hhotw
fulling on American hoil.
American Consul Sillimnn at Mex
ico City today transmitted a message
eent by iMnytorenti, tlio Villa com
mander wl Kitco, to I'royfoional I'rcu-
ident Gutierrez, sintiiitf his' 'intention
of moving his f'orceH uwny from the
American border. Saturday, hu said,
liitt forces rufusud to return the fjro
to avoid bliouting into American tyr-,
ritory. ' '
Word wis received today from tho
Brazilian minister nt 'kloxieo City
that Gutierrez' onTjinot wnH consider
ing declnrinp; u gonerul amnesty, i.
Disorders are feared jn Manzunillo,
wliero tho Gutierrez forces in posses
sion of the city arc threatened hy nn
attack from Currnnza troops assem
bling in the vicinity. Secretury Kryun
uuiii today lie wits without advices of
reported disorder in. Mexico City or
Vera Cruz.
CHRISTMAS CIGARS
Get Governor Johnson' and Mt.
Pitt cigars in Christmas boxes. Home
mado and tho heat, ' ' "
ESPEE EMPLOYEES
ADVERTISE, Fi
Employe, of' thy Southorn J,'nclfle,
company are .doing their buro"(of
the work to boost tho attendance at
tho Panama-I'acltlc International Ex
position and tho Panama-California
exposition. Just now, they aro cen
tering their offorts In the oast, whero
by moans of corrospondoncec, they
aro reminding their friends of the
dawn of the opening ot tho exhi
bitions, and urging them to make it
a point to visit California in 1915.
Tho Southern Pacific, which has
stimulated this wprk .among. Its men,
has added u'furthorliicontlvo by liav.
ing printed If ly tho;is,and attractively
designed post' cards which aro being
distributed free to employes. These
cards carry or ono sldo a Mow ot (lie
exposition and beneath are greet-
'liigs for tho Now Year. On tho
other. sldo-MJio 'address sldo Is n
Hiiggestlonfor. s'fiuw Year's roso-lutlon-i-to
vlsl CalUornla. Tho sug
gostloij In part follews: ,
"To visit California and the expo
sitions, "To hoo tho quaint, hut progreu
lvo South, Old and Now Moxlco,
Arizona, tho Old Mlnftlonri, Catalina,
and the Ocean Beaches, Yosomlto,
Lake Taboo, drool Salt Lake, Mt.
Shasta, Crator Lake, and other won
der places,"
EnglnoorH ask congress for 1,
,750,p0p o complete work nt mouth
of Columbia, .,
It Theater ,
Tonight, the liiht porformniicu' of
tho Kcnwnrthy Players will bo given
at the It thculer. It is n oomedy
tlmniii of olty life with it hlg-uiovy,
Htronjr situations and plenty of com
edy, entitled, "Thu Oaine." If you
like n good show well presented, ho
sure to play tho ruiiui tonight. A
very npprooiutivo nu(iuco hhw thu
opening show Inst night and tho vor
diet was "Fine,," Ho don't wait until
it is too Into. A now run of pictures
also ns well ns play.
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