The Evening herald., May 21, 1912, Image 1

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Hlill Vrar '' liW
ELECTION WAS
Kr.s mi
ti:ii
COMMISSION :ll,lt
'.H ADOPTED
Uirll'-' "l,n'KH !" Kiuimii In
the IIWt) "I Klamath Fall
.MrlioliK Curries All Hut Una Ward
fur M)'" '' '"" ''',"
Ike Jndg mill Mlrltiriu I Treas
urer Without Opposition
.
III-HI'M: OF ELECTION
a Major 1' ? Nicholas,
Puller JiuIisp A. I l.vllt
Trrure r -J. W. Siemens
9 C.uinrllitiru
a piral U ar.l -J. F. Outlier.
.ind Wnrd-F. II. Mllea.
Third Wnnl J. II. Hamilton
(' II I mlerwno'l.
Fourth Wnril-llerberlJ.HAvldKr4
Fifth Ward -M, II. Doty.
I'omtnt'simi Charter carrle
)
It Milne election.
Thrrr have hern election Itt Klam
lib Falls before, liul. then, noun
quilt o I'iriiliiK mul at hard foujclil
tt tlir filr election yeil.irdny Of
(untie, rf tjiiit iiurn that Nlrh
olti aouhl In elected, lull llii'il there
ttit nme iruii pretty bully acared
ibout tin' lime the. polls rioted, Tim
III drniniiilrnlloti in tide tjr Hip Han
drion IiiIIiihitr during Ihn tiny
ttuiril some nl the. NIcIiiiIah admirers
to begin In fre.1 lint maybe Hit. fight
ic'ilnr axnlual ilirm, liut It da
Hlopril (lint thorn, wlio made Ilia
irratNt nnlin ilM not aurcfed In
(biBKltiK an) votes.
The I'ltil wnrd flliWIicd the rmnit
flrat; thing Nicholas A I majority.
Thin a llltln heller tlinn expected
T !) Nicholas workers, but when
finiliriii only carried the Fourth
by ti and lo.l tlio Klflli by 33. the
tail mult waa mil)', loo evident to
prnlt of aft)- Moult. KrlcniU of
both alilra (mil rlalmnl Hip Klflli
irj, Lut tho claim liail been made
by frl.-n.la of Mr. Sanderson that
thtre rro ntiljr four Nlcliolna von
In the riillro wnnt, wlilrli r liowa lm
tiltlo wn known of tlin real arnll
otnt of tlio votrri.
The rniilt In both tlio HitoihI aii'l
ThlrJ, thr tin larxrat warila, raumM
tomldirnliln aiirirle. Katlmntci
er mailn kUImk Nlcliolna 100 nm
loflty In tlm HmoiuI wrd, but ho won
Ml br only 44, The rontcat aur
rlw nl all na In tlio ThlrU, which
N(tholaa rarrleil by 100 majority.
Thl ai nl.out (ho majority claimed
by frlnnU of flanilcraon, whllo the
(ppotltlon i. ot hopo for much
Mlr than breaking oten.
. I'ollro Juilfo, A. I,, l.caltl car.
M iner wnnl ecet Ihn Fifth,
bfro ho tli.il with Mr. Mason.
Vm cniinrlltncn tlio Second and
Third Mania had the. only cloao coif
li. P I). Mllca won over II. V..
WitieniMirg n lnB BCConil uy j,ul
n vote, Thero woro threo rnndl
Jlf In iho Third for tho'two y.ar
'rm. Ifnilerwood wlnnlnic by II
'ft" over Hhlvo, with Oreoloy Ihlrd
' Hie rnre. W. T. flhlvo hna rotno In
' MM that tho number It la n
oodoo, na ho was defeated for tin.
IE-
DEAL IS CLOSED
Ml'MW I ll,i:t) tXIWKVIM) TIIK
WHITi:.MAI)MX llUII.UIXd It)
-"HIV ami ciiahm:h mmimih.
I'IMll'lItuv THANHFKHHKII
tlmm woro lllod lait ovonlng with
county clerk convoying tho Whllo
Udox liuiiaing nd property on
m atroct botwoon Fourth and Fifth
'nnn and Chariot Loomla. Tho
, "lcrftn for tho proporty waa
.00 and the Loomla ranch near
wrill waa tranaferrod to Mr. Mad.
J"? " ,lU eonildoratlon In tho deal.
!. LooinU la a buslnoaa man of
du,ii r" nnd Chr-' haa boon con
jwiiiib tho ranch In thla county. Tho
. ImndUd by Wllbor Whlto.
BIGPDSLI
MADDOX
MURDER MYSrtRY
IS BCUIlVCD SOLVED
(lllfACIO, May 21 Mr. fallior
llm O'Mnlley. ilmiKlilitr of Mny O'Mi.l.
h-r. limlllVflly lilmtlltiMl tiliotORrniilia
InKi-ii In Ik AiiKilm imirKun of lh
nnirilnr'il uutiiim na Imr rniialu, Mln
nl Uuliin, n doiiii-atle In Wlniiclliii.
Tim lilf tMnka tlilH rmla Hut inn.).
I' '.' IHIIiiii la h,.(.vil In tllt t,0
alaycr
SOCIALIST LOCAL WILL
GIVE PICNIC AND DANCE
l.oral Cuaiuiu, HoclnlUt mtly, Mill
hold tlmir llrat plinlc u.iit Hiimlay,
Mny 2lh, In tlio Krove n abort dU-
laiiro from tlm i,md of Link Itlvur.
on tho Heat all of t'ir l.nke. Tho
riiiiimlttcii In rhnran ctcuiinl iii tln
Kroilliila and rrHirtrd tlm! tliry n,n
ni'curi-d oiih of tlm ti.-al lomtliitia for
(iIi-iiIp itroiiuda on tin. went i. of ln
Inke.
Tin. unit r of I In- dny will lit. a hill
KMii... mrm, ilnnrliii; .,M'i vnrhiila
otlinr Knini'K Tli ftilloMliiK nro'
Km in Iihk lio.n nrrniiKi'd I
II A. M. I'imiI lint.-.
50-ynrtl tlnli Lndltti rnre, frre for ,
nil nicr 17 ymra of nun. irlii, one
mlr in-tiutton atlk Rlot'. vnlun
II &n, tliiiinlrd liy Hie Golden Itulc
tore
Tfi.yaril daub llo)a' rnre. frro for
nil brlttfeti the nK-a of IS nnd IT;
prlii., one pair rnrltiK alioea, xnlilo
13 r.n. donated by Hie (loldeii Itule
ilor
S.'.yard aack rnre- Men nnd boya.
free for nil. prlje. Imt. mi I tied nt
13 CO. Mounted by tlm lloaton More.
60-ynnl daah lloya' rnce. for boya
under IS, irlte, one box "Hole
I'toof" bom", talucd nt II 36. tlonated
by the Portland utore.
Su.ynnl daah (llrla under 13;
irlre, dreaa, tnlue 13, donntetl by At'
klnaon'a atore.
Brt.ynrtl daah (llrla between tho
naea of 13 nnd IT; (irlie, one pnlr of
bora, nlurd nt 12. K0, donnted by
lllch A Vnn llellen Kirlunhe ahoe
torn.
100. yard daub Mrn'a rnre, free
for nil oter 17; irlfe, one lint, taluo
1 3. R0, donntrd by K. K. K. atore.
13 in -Hull came bet ecu Mill"
Addition bnneball rlub nnd the S, l.
bnaebalt club.
3 p. m. --DanclnB In Iho plno isroxo
ndJoluliiK tin. ball Krniind. Mtulc
will be fitrnlabed by Knnpp'a or
rbcitrn lluiiioa will pick up pnMcmsera
nlons Main street from Tenth alreet
weat, ArrnitKcmciita hntn been mndn
to run n gnanllno launch between
fthlppliiKton nnd tlio picnic Krounda,
llefreabmrnta of nil klnda lll be
crvrd on Ihn croundn.
snmo oltlro Inat )cnr by Just 11
wiles.
Tb i-ummlsslou form cburter
ntueuilment curried by n majority of
II votes. This result was ,i sutprho
to nenrly o or) body, for tho ronson
Hint since tho nilopllim of Hid Knu
del sou charter at u special election.
blch wns switched In nheail of tho
tlmo set for votlne on the comml
hIoii form, no Interest had boon taken
In Hit' success of tlin latter Inslrif
incut. Tlio resul', under tho clrcum.
stances, pnnes Hint tlio pcopln of
Klnmnlh Fall am strotiRly In favor
of Iho commission form of city gov
ernment. ,
Tlio results In tlm several ward
aro ni follows :
First Ward Nicholas 89, Handor.
- ... . a.a. aa. fll.
son IN; l.envill a, .Mnson a, no
mens 107; Hoellor S4, Btnblmnu S3;
for charier ns, against 33.
Hocond Wnnl Nicholas ISO, Hnu-
derson lOfii I.eavllt 173, Mason SO;
Siemens 337! Miles 127. Watlcnburg
2; for chnrler 94, against 91.
Third Wnnl Nlcliolna 219, .flail'
dnrson lift; I.onvllt Nil, Mason 157;
fllomrm 279; Hamilton 249; Oreoley
74, flhlvo 113, Underwood 134; TV
rhiirtor I2C, ngalnst 138.
Fourth Ward Nicholas 02; Hr.n-
doison Sfi! Lenvltt 71, aiason n.
RlemoiiH 110; Savlilgo 113, Yordy ill!
Ml charter SI, against 08.
Fifth Ward Nicholas 01. Hauler-
... . - i.. i ,..... I-' Cln.
con sii, i.t'tmu ii. "" "
mens 74; Dfty 62, llnson s'J; mr
hnrler 38, ngulnst 33.
Ilesults(
For Mayor Nicholas 681, Sander-
ton 358; majority for Nicnotas isa.
Police Judge I savllt gji, aiaaon
377! majority for Leavltt 161.
Treasuror Slemons.
For Commission Charter 307,
against charter 353; majority tor
charter 14.
Mil Tinier Mnkea VMl
Cnplnlii Jnliu It. Itnliin. ono of tho
well ktiiiwn od tlmera of Klnmath
county, returned fiiiturdny evening
from near l.oa Anxclea, wbcro ho la
now lUIni;, for n abort visit. Captain
lliilim atlll iiMiia cniinldernlito propor
ly In the county, nmoiiK which la 320
it' res on tlm epper l.nko.
New Mnimiiera Apmlnlnl
I tilled I'tera Berxlro
HAl'IIAMKNTO, Mny 21. Jolmaoa
1H.1...11.1. .i t. .. ...... . .. .
..i'i-ruii,.i i ,ii, otiruiu nun notion
'A
I'oppo inemlicra of tlm board of
iimiuiK" r of Hit, Kniiomn Htnlo Home,
to auccettl Joneiili . Merry nnd Wal
ter rnenr, wliono terma have el
plrnd.
niii(i(;mii'iitttoiH
IMtKHIKIIXT OF VMH.KH
lulled I'reaa Hervlco
IIAKCIIHFIKI.I), May 21 Judgo
Herbert llrlKK of Frcauu waa elected
wnrtliy atnto president by the Knglea'
rniiW'titl'in hero todny. Venlro won
Hie UM3 convention oor Fort llragg.
PARTY VOTE IS
HEAVY IN OHIO
i:i.i:iiov ioiiav wii.i, ciuiiia
iii.v ii:im: tiik m:xt iikfuii
I.H'A.V CAMllllATi: roll I'ltEH-
IIMINT
Culled I'ress Hervlce
COI.L'MIIUH, Ohio, May 21. Fair
ttenlber every wliern nnd a heavy volo
una polled early. The polls opened
nt &-30, and will close nt C:3U. The
supporters of Tnft, llooievelt and !a
Folletle, and Harmon and Wilson aro
confident. Tlio republicans will elect
forty.clKht delegatos.
Tart fioni Kaal
I'ultcd Press Hervlce
CINCINNATI, May 21. President
Tnft slept Inte. He arrived home at
midnight. Hred, after closing tho cam
paign at Da) ton.
Charles Tnft, the president's broth
or, made the following statement this
morning;
"Wo bnio nssuranros everywhere
In Hie state Indicating the president
will rerelio a largo majority of the
delegates, It not all."
Tho president goes enst at 3 o'clock
this afternoon
ItiMwevell In New York '
Culled Press Hcrilco
NHW YOUK, May 21. Colonel
llnotevelt nrrlied hero last nlgbt. He
said:
"I urn no good at predicting. Can
tell better tomorrow how Ohio goes."
Hi. went to Oyster Hay, whero he
remains until Thursday, when be In
vades Now Jersey.
SANDERSON ACCEPTS
DEFEAT GRACEfULlY
F. T. Sanderson takes his defeat of
yesterday with tho best of grace,
and says that ho has not the least
feeling of soreness over the result
whatever. In an Interview with a
reprtcutatlo of Iho Herald thle af
ternoon he said:
"I wish lo thank all my friends
who loyally supported mo In the re
cent campaign, nnd I nppreclato their
ofrorlH to the fullest extent. 1 waa
fairly anil squarely dofeatod, and T.
F. Nicholas was olocted mayor of
Klnmath Fjills by a good majority.
Ho Is my mayor, along with every
other loyal rltlten, nnd I am behind
him In making his administration a
success,"
Mr. flauilcrson this afternoon la In
estlgntlng Iho stntus of the city
charters as an ordinance will have to
bo imsscd by tho council doclarlng
Iho result of tho city election, and he
says bo hasn't yet figured out under
what charter wo nro operating.
Memorial Hay Arrangements
Thero will be a meeting Wednea-
day evening nt 7 o'clock at the court
houso. to make arrangement lor
Memorial Day. All membere of the
O. A. H., Sons of veterans, leacnon,
W. It. O. and all other cltliens inter
ested ore earnestly requested to come
out and help prepare for the aay.
KLAMATH FALLS, OREGON, TUESDAY, MAY 21,
BITTER FEELING
ritlNIH IIKLIRVED NKAIt AT BAND
AT RAN DIK4M)
Iteiwrt of Arrival of ladaatrUUata
dun Men Ineroaaci BlUsram
Johnson Kendo Altaraor Ooaoral
to Mm That Jaotlco la Oom awl
That a Notation to tho Probleoa
May Ito Foowd
tnlted Prese Service
san DIKOO, Mar He Feeling la
hourly becoming more bitter follow
Ing the report that Industrialist gun
men had arrived. Quarda at the
homes of Superintendent of Police
Hohon, Chief WHsm and District Cap
tain lllloy have been doubled. The
Union paper la upholding the vigil
antes, and advocating foree, and bit
terly attacked Rev. WUIard Thorpe,
the Congregatlonallat minister, for
denouncing the vigilantes. Aa aa In
dicatlon of the feeling, all red danger
naga on street repairs have been aun
planted by the Stars and Stripe. The
biggest crowd ever eeen here la ei
peeled In court tomorrow, when J. M.
Portor, the rich real estate leader
and alleged leader of the vlgOanUi,
answers the citation for contempt.
The situation to so tense that Gov
ernor Johnson la expected -to eend
troops to assist In In maintaining
order.
Webb to Oe t Han Meg
United Prese Service
SACRAMENTO. May fXestimw
nor Johnson made the etatomeat to
day that he had directed Attorney
General Webb to go 'to San THego,
"That JusUce may be done; that the
law may be enforced, and that eome
solution of the problem be found."
Johnson aald he waa natUflnd with
Welnstock'e report, and considered It
very accurate, and added: "While
anxious to uphold San Diego In the
proper regulation of atalra. I am de
termined that the whole power of the
state shall protect the teeblett Indi
vidual whose rlghta havo been in
fringed. I have no eympathy ultb
the Industrialists doctrine, hut no
government can suffer for one Instant
the denial of the protection of Ha laws
by any locality to any man."
PAY RESPECTS
TO OLD SOLDIERS
OLD 80LDIKK8 LVNCMBON WOiL
UK GIVEN ON FRIDAY NOON
AT WH1TK PELICAN MOTstL
WAIt HONGS AND STOrUBB
The Friday noon luncheon thle
week will bo held at the White Pel
ican hotel, and It will be la the na
ture of an Old Soldiers' Luncheon,
and every old soldier or eoldler'a wife
or widow are to be the gaeata of
honor, and will be entertained free.
There will be war song nnd old war
stories and pieces told. The banquet
will be preparatory to the decoration
day servlcee to be held next week.
The price of the luncheon, except
to tho guests of honor, will be BO
cents, and all the cltliena hare been
Invited to come out and pay their re
spects to the old sold lore.
LEAVE IN SEARCH
OF MISSING MAN
TOW OASTEIi 8ERN YBflTBRDAY
NEAR FORKS OF ABHLAND AND
POKEGAMA ROAD IN WaMTBRN
PART OP COUNTY
Louis Fleishman and Heary Heth-
erlngtoa, with a few other frleaao,
left thla forenoon la anarch of Tear
Caatel. going la the dlraeUoa at the
fork road which leads erne aae aagte
to Pc!-egama and oa the other to
AehUad.
Thla waa dea aa ratalA of later-
W
HOURLY
E'v.
matlon brought by Sam Hill late yes
terday afternoon. Mr. Hill and his
friends met Mr. Castcl, and presum
ing that he was on an outing, took
but little notice of his movements.
He was then smoking a pipe.
The statement published today
that Mr. Caatel la In financial strait
Is aald to be unfounded. Ills bank
era aay that his property Is worth
many thousand dollars.
Dr. Wm. Martin and a number of
other devoted friends yesterday con
templated and partially effected a
sesrchlng posse which was to iitart
early thla morning, all of about thirty
friends of Mr. Castel'a concurring,
and n number of others being ready
and aasentlng, but when Mr. Hill's
Information waa received the project
was abandoned.
8herlff W. D. Barnea has been the
moot active factor, next to Officer O.
C. Low, In seeking for the missing
man. He organised the outfit thnt
went out this morning, at his own
expense, peld for telephones and tele
grams to Ashland and Pokegama lor
partlee to come down and .meet at
the fork road which diverges toward
theae two point.
COMMERCIAL USE
OF YELLOW PINE
TKKTH TO BE MADE DY FOREST
SERVICE HEAD TO DETERMINE
VALUE AS A PRODUCER OF
TURPENTINE
PORTLAND, May II. To deter
mlao the commercial possibilities of
the weetern yellow pine of the North
west a a producer of turpentine, 3.
B. Kaapp, head of the section of pro
ducts of the United States forest ser
vice, haa left for the Whitman na
tional forest near Snmpter, to start
Investigations. The Investigations
will be carried oa until the middle of
October, when the eap stop running.
At preeent turpentine Is being
gathered In large quantities through
out the South, but owing to the much
shorter season It has never been suc
cessfully tried In the cooler climates.
Experiment carried on In California,
Arltonn and Colorado tend to show
that the yield In thoee states Is equal
to that In extreme southern cllmatos,
but that the season Is shorten
Turpentine Is extensively used In
paint, varnishes and medicines, and
the demand Is Increasing rapidly.
The remainder, after refining, la used
In manufacturing resin. In the pres
ent tone of production the tree from
which It I secured nre becoming
fewer, rather than more plentiful.
and new fields nre becoming neces
sary. The weetern yellow pine Is
known to be rich In turpentine, and
the only question to be considered Is
whether or not the season 1 of suffi
cient length to wnrrant the gathering
of the product.
The Eastern sections of Oregon
and Washington are covered with
western yellow pine, and It Is In
these foreeta.that the experiment
will be tried. Whitman forest will
be the flrat to be experimented upon.
Officials of the forest service nre
hopeful that the yield will bo suffi
cient to produce revenue which will
pay all expenses of the forestry work
In each national foreet. Thle la ac
complished by leases In one of the
foreet In Florida. Private owner-
era are alao watching the experiment
with Interest, as they hope by mean
of leasee to pay taxee and cost of car
ing for their tract of timber.
The gathering of turpentine, ac
cording to preeent method, ha no
effect on the commercial value of the
timber In whlch.lt le gathered. The
tree receive no Injury. The former
method weakened the tree and
made them very susceptible to lire.
The method In use at preeent Is
called the cup and gutter system. A
portion of the bark la chipped off
and two strip of tin nre set In slots
eut In thb wood. They are placed In
uch a way that they slope toward
the center of the cut. One I placed
a little above the other In such a
manner that the gum running down
from It I caught oa the lower end
of the under oae. A cup I placed
under thla gutter, aad the gum drips
from, the aad of It Into the cup.
Once each week these enpa are
cleaaed out aad the gum removed- to
be stored until enough to gathered
for shipment. At the same ttme the
bark to chipped a little higher aad the
fatten aad eupe aro raised. The ex-
eertmeater will keep a eleae reeerd of
1918
MACHINE TURNS,
KILLS AVIATOR
Lnllcd Press Service
DAYTON, Ohio, May 21, Fred
Southard, tho Minneapolis aviator,
was killed at tho Wright aviation
field hero today, when his machlno
turned turtle a hundred feet In the
air.
tho yield of each tree tapped, of tho
temperature at the tlmo of tapping,
and all Information regarding the ex
periment which will be of value to
manufacturers.
The old method of gathering tbo
gum was to cut a holo orlox In the
base of tho tree and to allow the gum
to run down the chipped aurface and
Into this hole. With a spade the gum
was gathered. Much was wasted In
gathering, nnd when the face of the
ttoo became several feet high tbe
gum would gather and not flow Into
the box. If a treo leaned the gum
would drip away from the box and
bo lost In tho ground.
This method was also a very dan
gerous proposition, for the waste
mado n great fire-' danger. Ground
fires had no trouble In getting start
ed, for the trees were so weakened
by having the boxea cut In their basu
that great lanes of fallen trees would
result.
Three men will bo. employed In tho
experiment at the Whitman forest.
and 100 trees will be tapped. Mr.
Knapp will remain with the men for
about a week.
TAFT MEN SAY FINE
WEATHER AIDS HIM
United Press Service
COLUMDUS, Onto, May II. Tn
vote In the cities and town la un
usually heavy, while In the rural dis
tricts It Is considerably lighter. The
Tatt men claim that the fine weather
helped the president and hurt Roose
velt. It will probably hurt Harmon
also. It Is believed that tbe La Fol
lettc candidacy Is hurting Roosevelt.
Drs. Hamilton and Chilton report
the arrival of an 8-pound daughter
today to Mr. and Mrs. O. J. Kellog
of Fifth and Walnut.
IIAKF.n COUNTY LAND
FOR FLAX CULTURE
UAKER. May 31. About 1,000
acres In tbo North Powder and Grand
Hondo valleys will be sown to flax
this spring. Allen P. Allensworth of
New York city, bead of the American
flaxseed department of tho American
Linseed company, the world's largest
Unseed oil crushers, has left for his
homo after having contracted for the
Acreage mentioned.
BIG BATTLE NEAR
MEXICO CITY
TWO HUNDRED KILLED AND
WOUNDED IN A BATTLE BE
TWEEN 3,000 REBELS AND
1,200 FEDERALS
United Press Service
MEXICO CITY, May 21. Thore Is
fierce fighting between 3,000 Zapa
tistas and 1,300 federals fifteen oiltos
from here. Couriers say 'J 'JO have
been killed and wounded. Tho fight
Is still progressing.
Rebels It et rest lug
United Press Service
EL PASO, May 21. The federuls
are occupying Escalon. Genorul Hu-
erta's ontlro command Is pursuing
the retreating rebel.
RICHESOH RETAINS NERVE
UNTIL ELECTROCUTION END
United Press Service .
BOSTON, May 21. Rtchewa died
at 12 o'clock tbl morning. Death
wa Instantaneous, and he retained
bla nerve until the end. He was offi
cially pronounced dead at 12:17. HI
brother Douglas claimed the body,
which wilt be Interred at Lynchburg,
Virginia.
Price, rtfo Onatt
NEW COMMISSION
CHARTER VOID
AMENDMENT WILL NOT EFFECT
PRESENT CHARTER
The fieneral Legal Opinion fa Thai
tlio Charter Wlilrli the fnniBitasInn
Measure Purported to Amend Waa
Repealed by Inference by the 1
ago of the New Charter at tko 1
Hon In April
It Is the .general opinion among a
number of the attorney of the city
that the approval by the voter of the
commission charter amendment Mill
have no legal force or effect or la aay
way affect the present charter of the
city.
According to the ballot title pre
pared by City Attorney Manning the
commission charter is an amendment
to "An act to Incorporate the city of
Klamath Falls, Oregon, nnd to pro
vide n special charter therefore, nnd
to repeat all acta In conflict here
with." While tbl I not exactly tn
title of the charter enacted by the
people on May 21, 1910, It to very
rear so, and that was evidently la
tended to be amended, nnd not the
new charter enacted at the special
election on April 23, 1912
It Is argued that by the adoption of
the new charter In April, the Ills
charter wa repealed by Infeieaea.
fhls being the case. It would be lav
I n 1 1 tie to amend n charter which
was not In force or effect. There
fore tbe action of tbe people la adopt
ing the commlmloa amendment
would havo no effect whatever on the
present charter.
Thla opinion colncldea with that af
II. 8. Crane of. the firm of Nolaad 4k
Crane. Mr.Crane haa gone lato the
legal phase of the matter, aad la aa
Interview today said:
"A I understand the matter the
commission form of government char
ter was submitted to be voted anaa
by the people as aa amendment u
the old charter, dated May 11, lilt.
end It so states.
As a general propoeltloa of law.
the amendment of n municipal char
tei supersede the original chart.
"People va. Oakland, 'J! Cal.. 611;
"Boyd vs. People, 10s III.. 2J7;
"Chamberlain vs. Saginaw, US
Mich.. 61.
"If the old 1910 charter waa ia ex
istence at tbe time tbe commlsaloa
form of government charter carried,
there would be no doubt but that the
commission form of government char
ter would supersede tbe old 1110
charter, but by a vote of the people
on April 23d, 1912, a special charter
(known as the 8anderson charter)
was adopted, and hence the old 1110
charter waa repealed, and by reaaoa
of It being repealed It waa pnt out of
existence, and hence the commission
form of government amendment to
the old 1910 charter ha fio life or
force at all.
'rrhls special (Sanderson) charter
waa not submitted as an amendment
to tho old 1910 charter, but on tbe
other hand It was submitted aa a new
charter to be voted upon by the peo
ple. Under the law tbe adoption of
n new, charter repeals the original
charter, and this I true, although
there are no express words of reps U.
"State Board of Education' vs. Ab
erdeen, 56 Miss., 618;
"Jefferson vs. Edwards, 37 Mo.
App., 617;
State vs. nipllnger, 30 Wash., til.
"In my Judgment the city can oaly
operate under tbe special (Sander
son) charter."
DARROW CASE
SHORT 1 JUROR
TRIAL IS POSTPONED UNTIL
WEDNESDAY ON ACCOUNT 0
IMPOSSIBILITY OF
LING NEW VENIRE
LOS ANOELES, May 10. Juaga
Hutton announced that tha Darrow
(rial would be Dostaeaed until Wed K)
nesday on account of the lmBOeslep
tty or asmoiiag n nsw ventre. ;t -.
The eleventh Juror waa eearad'."'. .?-
Letter, a Lo Angeles anrnsalafv '.' h
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