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About The Evening herald. (Klamath Falls, Or.) 1906-1942 | View Entire Issue (March 7, 1913)
kmuh 1 The TemJe Theatre "Red SwemejVuWaUhts" KsJm Drama "LeeVle," Hlsoa Drama "Polsan Ivav' I Sells BreuD m THE EVENING HERALD W. O. SMITH. Mtter Published daily ateept taaday hy tta Herald Publishing Csmaaay at Klamath ralla. at til Fearta St Comedy Wlly'a Brother," S. ft A. Drama IT1M.K DAriiY AT 9:80 AM. MCKNHKD lICTURKf Kntered at the postoBce at Klamath nil. Oregon, lor traaamlaatoa through the matla aa second-class matter. Subscription terma by mail to any ad drees In the United SUtee: One rear 15.00 Ono month .60 V KI W U Dry Slab Wcnd-A-laca. .f&OO I4r Fir Hlabff-taclt. . . .4.06 mined HoddTWood W.SO mined IJpb Wood $6,110 llol Pactfry lllork, load. .1.00 IKIaTMATH FUEL CO., (Vnirxiwora to O. lYytoa.) umaiiHnie, rnoae a8K. T St FISHING TifdaE We have everting you f aeed for thatching trip: Hook, llaejvrods, reel', i Bassets, at we rttu wonts, gtuff and camping aiasa. I jfB.CHAMHKR8 Phele JU Jacot Blk. KliAMATU rAXJJL - . )RJMX)N FHIDAV, MARCH 7, 1111 Legality of Charter is Certain, Says Leavitt City Recorder Replies to Criticism of Measure on Which the Peopie Will Vote on Next Monday Editor Herald: Its Hrst Introduction, and mulor see- r . f . .. . I .1.... ,,...,. ..... ...1.. t. ... t-l.tlla. flf do many misrepresentations navel""" 4 w n i i .. .... . been niado and published, not only In! 1907, making tho Initiative ntul refer reference to tho provisions of the pro-'eudum applicable to cities nml tuwiu, ... . ... .1.1... .i .... i..t.. ..ar-ni HERE TO SERVE nUI'UTV UMThil HTATICS MA It Nll.ll. HAM ItmTV-TWO HUH itr...H in him mii " KLAMATH IMUANM Weather Conditions for March Dato Max. Mia. Weather 1.. ........ ....36 29 8&OW s... ...........41 31 clear 3 14 27 Clear 4 43 20 Clear 6. ............ .44 S3 Clear 6 47 22 Clear Block Wood HIHsHsl BHHslHsHI I've got all klads of .Jatsfdu, the retort that there la aoafta towa. Jaat leave as uiSW. 111 deliver liiuamiUy. M Green Sff m '"XBIoci Mry J 16 li urn 4fii 8f SMITH 18 HOMK II K session of the Oregon legisla lure has Anally reached aa end, and last night W. O. Smith, represen tative from Klamath, returned to tho city without a acar. and this In anlte of tho fact that the youthful prodigy from California who amusea himself by running a newspaper In Klamata Falls has tried In every manner to illscredlt him. It is a notable fact that while Mr. Smith was In Salem successfully bringing about tho passage of meas ures in the interests of the residents of this section, Sam Evans remained at homo and devoted himself to "stir ring things up." Not a single measure Introduced by Klamath's representative failed of passage. On the other hand Sam Evans succeeded In cutting down his boasted newspaper circulation from 1,400 to a list of C77 in Klamath county. All of which goes to show that the residents of Klamath county do not pay much attention to Sam Evans. O.K. Phone lb Wood Inch Wood lab Wood ck and 4 foot Body Wood 16 in. and 12 in. ive orders at ransfer Co. , Cor. 6 and Mala P. C. Carls Urocery careful make a better gr groceries know your b Jl i mmmmmLmmmmmmwmmmmm Grocery Buying bjjing should have atteJuoB. It'a aaay to mBtaka. Wa ballava sejrlas are the cheaper -Careful buyers also thai Orocarr burins la iisBibh and I Grocery I Selling a w ear Dullness, we eeu oaiy I "Itetjer" groceries, and wo Mil um tor me teasi money poesi-Iblef Vin Piner Rrns. I V Phone 85s- j I M. K.K f m f M WW H KJ'W i I y.u.u. va . : MfS tMiffrltll- astt aa aJk sisaVl'.r I " I aaamsakotaet KAjlaaaaaaaaa laaaaaMaataVA t URINO a period of eipandlng " business profits at first usually rise more rapidly than expense. That this haa not been the case with the railways of the United States during the recent high tide of traBc la shows by their returns for the calendar year 1912. The total operating revenues are their tout receipts from freight and passenger traffic, from carrying mall and expreaa and from miscella neous sources. Operating Income la the amount which after all expenses have been paid remains for rentals, interest on bonds appropriations for betterments, improvements, new con struction and for dividends. The total receipts of the railways of the East wero 11.511 ner mlla higher than for 1911. but operating Incomo gained only 1240. The total receipts of the railways of the South Increased 14 92 per mile for the year. but operating Income suffered a loss or 109. The railways la the West gained $226 per mine la operettas- Income, which offset the loss of ap proximately the same amount la the previous year. If the closing six months of 1912 be alone considered the sltuatioa was not ao unfavorable. but even for this period of mounting traffic tbel ncrease In expenses outran the Increase la receipts. That the funda available for de veloping and extending the railways have not kept pace with the growth in traffic or the increased expenses of operating Is sbowa by the following percentages. For the railways of the East the total operating revenues In creased 7.2 pe.' cent, operating ex penses 8.3 per cent, and taxes 8 nor cent, leaving an Increase la operating mcome of 4.3 per cent. For the rail ways of the South operatlna reronin-a Increased 4.9 per cent, operating ex penses 8.4 per cent", and taxes 2.8 per cent, leaving a decrease in operat ing income of 4 per cent The un usual traffic, of the West enabled the railways of that section to obtain aa Increase of 8.4 per cent la ODeratlns Income, which Just about balances the losses sustained during 1911. Tho foregoing figures are all unon tbe mllo of line basts, and were com piled by tbe bureau of railway eco nomics from the reports made to tbe Interstate commerce commission by tbe arllways having total annual op erating revenues of $1,006,000 or uver. inese include about 90 ner cent of the steam railway mileage of -" uuiira Diaiew. nosed now charter. Its legality, and tho motives of tho men comprising tho commission who framed it, that 1 bellevo a reply wll bo read with In terest by the cltlsens who really have tho Interests of tho city at heart. The commission welcomed any hon est criticism of the new charter, in fact, invited It, but when the attacks upon It aro actuated solely by a anlrlt of rctcngo, with tho solo Idea of got ting even upon the prosent adminis tration for some fancied wrong act committed against the so-called com mission charter, tho attacks lose the dignity of honest criticism, and de scend Into the slough of aour grapes. 1 shall not trouble myself to answer tho attacks of Mr. Murray and Dr Leonard, made through the press and on tho street corners, becauso the peoplo are fully aware that so far as they are Individually concerned. It Is a case of sour grapes, pure and sim ple, and their constant reiteration, In tho face of Judge Demons' decision to tho contrary, that tho commission charter Is tho legal charier of the city, long since ceased to bo a tempt ing morsel of political diet. Considerable criticism haa been di rected against tho provisions of tho charter because of tho fact that tho outside limit for tho II fo of any fran chise bad been fixed by the commis sion at fifty years. Let us stop a moment and consider whether or not thst is a very serious objection. Remember, to begin with. that It does not mean that any fran chise wilt ever be granted for fifty years, or even for twenty-five years. It does mean, however, that it la pos sible to apply for a fifty-year fran chise, for a twenty-fire year franchise or a fire year franchise, but in either event the application for the Iran. chlse must be published In the form' or -a proposed ordinance containing all the terma and conditions at the ex pense of tho applicant twice in tbe official newspaper, which publication shall be completed not less than twen ty nor more than ninety dare before tho final passage of tho ordinance; and the ordinance cannot bo put on nnai passago short of sixty days after tho ordinance cannot go Into effect nnd become, opcriitlo until tlilrt) days after Its 11 mil mniiRi; and It rmiulrp almiilv n iiutltlon sidled by only 10 per cent of the olern of lliu city to refer any ordinance to tho people for their npproul or rejection. Why, then, la the outside limit tiled by this or any other charter a cause for comment aven. If thu Pc-onti should by their totes appnne of n fifty year franchlne, who could be heard to complain? Now, as to tbe statement that tho charter cannot bo amended until 1914: Section 12 of Ilia law Just re ferred to. nriivMe. tlint amendments to any city charter may bo propose! and submitted to tho people IIY THE CITY COUNCIL, with or without AN INITIATIVE PETITION, but the same shall be filed for submission not less than sixty das before tho elec tion at which thoy are to bo cotcd upon. The city council may by ordi nance order special elections to tote on municipal measurvii. Is there any thing tacking In the machinery of the law enabling this or any other char ter to bo amended. And section 58 of tho charter, you will obserro, provides as follews: The power to enact or amend the charter of tho city of Klamath Kails. and all other rights guaranteed to thu people under tho initiative and refer endum laws by the constitution of the stato of Oregon, aro hereby fully re served and guaranteed to the peoplo of the city by this charter." What becomes of the areat hullaba- loo raised over section 63 In tbe llaht of the following languago of the char ter found In section 38 T Section 38, last paragraph: "When over the provisions of this charter In operation prove to bo of doubtful or uncertain meaning, or not sufficiently explicit In direction and detail, the geaoral primary law of Oregon, and forma thereunder, under tho same circumstances or under like condi tions, shall he followed In the con struction and operation of this charter." I apprehend tbat any court In tho land would soy In construing section Deputy United Htatcs Marshal W. II. (IrlllUli enmn In Inst uUht from Portland to servo subpoenas on wit- uesites In the case of Anderson Faith ful, n Klamnth Indian charged with tho murder of his wife. (IrlllUli has forty-two subpoenas to sere on the reservation, The case will be triad March Itith In the fed nil district court at Portland. Pnliliful nml his wlfn resided In a ratlin on WhUkur Creek, and Into In the fall of 191 1 the sijuaw's body, b.tdly beaten, was found In the cabin Pnllhiul. when arrested, stated that Mi wife was feeling sick, and that she got out of bed at nklit and laid on the door. When he nwoke, ho sa)s, hi wife was dead. It. York Is hero from Orovllle on a builiKM trip. SHH! LADIES! SECRET 10 DARKEN FADED 6RAY HAIR-USE Sage Mixed. With Salahar Restores Nataral Color aad Laetre to Hair Why suffer the handicap of old. Oray hair, however ban aenoies aavancing age. We olrknow the advantages of a youthfuappear ance. Your hair Is your charsf. It make or mars tbe face. Wen it fades, turns gray and lookajrury, wispy and scraggly Sago tea appearan Either or get fro bottle of Lust a fesf applications of and SujBbur enhances' Its J red fold. the toalcat home 'drug store a CO cent yeth's Sage and Sulphur S3 that It was bound to take Judicial tiiitlrn ii f I tin furl thai Ilium Kul no jjuUlce of the peace precinct created by the county court comprising the territory of Klamath Kails, alone, but that the territory of the city was part and parcel of tho precinct of l.lukvlllo. and If the Justice of the Kare ot that precinct was called to assist In the canvass of the voles cast at an election under the charter, the mere fact that the secllun misnamed tho precinct would not operate to In validate thu canvass ot votes. Tho Northwestern. In Its Issuo of tho Cth, says that a defective ballot title, rinders tho proposed new char ter INVALID. Under the law. upon tho Mine of an lnltlatlo measure. It becomes the duty of the pollco Judge to submit a copy of tho measure to the city at torney, who shall prepare a ballot title. That direction of tho law was fol lowed In connection with tbe pro posed charter, and Judge Drake pre pared tho ballot title. Tho fact that Judso Drake tirstisr. led tho ballot title Is sufftlccnt guar antee, I apprehend, to assure tho clt- liens of Its legality. The Northwest. orn, complaining of tho ballot title, snys: ".totlilng Is said In Uln title almut the Intrat to repeal all old charters and ordinance la roafiirt Hltli the iirufNwd new charter." Had tho title contained any such statement It certainly would hv shown a woeful lack of legal know!. edgo. tor nowhere In tho IN1TIA TIVE LAW granting to clllxens and towns control over their municipal legislation can bo found an authority for the direct repeal of a prior act of Incorporation or tho repeal of a nrlor charter. That Is a matter wludv l.fi to Implication by the framers of the law, for In no other manner rnnM rights acquired under a prior charter no secure The Northwestern makes a itm. r Illlinl III !.. Hnn... A. .,..- .. sy. uoi "wyeiu'e," wnich can al " "'""w""" wnen u ... t. .1 .. . says thn nlli-vf-fl ilnr..i iH ii.. i. -,.-. Ymtm w uupsuueu upon to darken , in m mu uauoi tw.--,l..ll.. a ,- .t . ... tltlo flf thn lirnhA.it.1 nAH. -l.-.- ... u.uuinuii unu is mo ueel tiling . '"'w" "w suaner is known to remove dandruff, atop Itch- tamo l,ofcct ht called Into ques- us unu tailing nair, " i im. . no irutn IJy using Wycth's Sage and Sulphur 7. ? maUcr '" '"t '"ore Is no slin- no ono can possibly tell that nn ,lnrl,lr at all In tho matter. The darkened your hair. It does It so c"artor of 191. unfortuimtoly ear naturally and evenly you moisten a r'"1 " ballot l,,, w'"tovor. Tbat -nnn..- ... -. i. .. j . .. . WBS til (I nhlax-llnn ..l.-.l l. .1.. .... "i'"" "ii urusu, urawing mis "j un nos through tho hair, taklngv"ono small ,.on nUorn"' There Is a vast dlf. .-iM.t -. - .ai . ... 1 . Ifarainra. tint.----,, ., -. . - . .. . listen, avcgtT preparations nut un bv drugglsajf; as they usually use too ulphur, which makes the hair t! Hair Remedy," ready to use; but CLOGGED NOSTRILS MAT ONCE: HEAD COLDIUlfD CATARRH VANISH 1) Vi sMMS4MftN NVNCS a-Tpsssw vpssrsasssssrss, S V WW BJ SF UUOimMi i r l 1 asssassssjsssss.ssi jsjsjrfg r isa-sissssssssssafgaaaaaasssajwssjsjsf l aBBBMSBSSBBBBBBMBBBBalHsasHH BO Ihm W8UgjT.; BBS- BW -SSBSSB BBBF I BBB- I ILMjflX IKUCH I esl .'IPbbbVbbHMMbI YQurjftmMr Nose r-a-. bnrT-lm- .-, CWue, DaU Bead. Try "Ely's Cfet r Qet a smaU M aiyva andmastanfly stopfcd-usf a! wllllsDeaf dullsaasA monBB-l caiarssssi Eaafi sa-ali atra'nd at a time, which equlres hut a few momenta. Do this at iah.. and by morning tbe gray hair disap pears; aner another application or two -Its natural rntiu- I. .--iX.. - It becomes glossy and lustrous and you appear yearjjjyounger. ' la Oae Minute aad Head Nose Ruaalag acbe Qom, Bala." rbottle anyway, Just to little la tha aostrlU yoar clogged bom sad Bsssages of the head you will breaths fraalrt ad baat-ache disappear, the eatarrh.-eold la haa-l or 1 tore throat will be goae. aeh misery aewl Qet the Ibottle ot "-Civ's Oraam Balsa" jat say drag store. Thle sweet, fra grant balm dissolves by the neat of tne nestrils: Denetrataa and h-.t. the Inflamed, awollaa -namhr.-. which lines the nose, head and throat; clean the air naaaa-raa! tope nasty discbarges aad a feeling u. cleansing, sootniag rellet comes immeaiately. Don't lay awake tonleht at-,,.. gllng for breath, with head stuffed; nostrils closed, hawking and blow-' ing. Catarrh or a cold, with if. running nose, foul mucous dropping Into tbe throat, and raw drylese is distressing but truly asedlesa. Put your faith just oace la "Ely's Cream Balm" aad roar ,m or catarrh will surely disappear. feronco between a defect In a ballot title and no tltlo whatever. To what lnslanlilcanrn . - -. w.wa vug U, tho objections raised by Messrs. Mur ray and Leonard tnnd the Northwest ern, dwindle In tho light of fairness snu nonest construction. Tho only substitute offered hv th. opponents of tho nronn.,i ,. t... ter tho only relief suggested by tbe opponents of tho proposed now char tor Is in the first Instnnm ih. ..,.ii ed commission Chartnr. t...n.i.j 1... Judge Ilonson as an illegal moasuro, -.. ih mo second caso an appeal of ho mandamus case, In which Judgo licnson hold tho so-called commission charter absolutely llleaal tn n, u... promo court. They have oven had the hardihood to stand up in public and state that a decision could bo had on appeal within two weeks. Hy no pos Iblllty could tho ca. h,. 1..1 ?1 ho supreme court within two weeks. " " "aiement Is n porf,ct n. mouy with all others m..,in . ,u. rmo "8rt connection with tho ,-aui-uavu HOW CIlONer, SUPPOSO It Wnrn tm..li.- . ,,. . , -'- ""mm 10 get a dec won from the supreme court with that 1. . ' " ,8 "af0 t0 ""dude bo afflrmod. Another v, . ..T. Z TT' ot ""W""0" would be 1 bbbbbbbW X bbbbbbbbV AJIlVX. mfmfjtr IPb(P"iri ul0 comirnffori : r--Siii!;iS?i mn, )K1 mW&CXJ?12L Jlmt of savins i. u- """lO ym w&wJ?ZhSid awaWSBT m BWaWS k ILf. J T ', . if aawjaw BBBa T Jr 1 Fir TH Sure Success t laa, Ami of all iv. 1.. "' MJ ISSv Of RtlVlllK It u. . BSBSr -W aSJ BHAbJ Ihllmrlsikil i 1 " "I'l'iinilli t (..lira. IL.i othoraofwtr,lM1M " "I'uu a 11,1,4, tomit here and Kot tbe Uy. that leads to siiccpm. rust and Savings Bank Klamath Falls, Oregon mgtjKggMmgmmmm pall, i! H HLLLLLLm mumuj iini'Ni:aassr BBBBBsl BBBBBBBBBBBBBBBBBBBBBBBBBBBsl . J..a, - H .WLfLiLiiUUUUUm nritrrsasaj BBBBBbI BfBBfBBBBBBBBBBBBBBBBBBBBBH H,aa ClaajsMfi BBBBBBB, BBBBrVSBBBBBBBBBBBBBBBBBBBBBBBBBBS VLtWl mmmmmWmmWvSmT Tie of ft '".' Plsaaa ii. and ullirr leaiiUa N. (Nlier inaKra i - Te irlr. TmiiIhk and Hfssbj. Agear fur Hlnrr aa.1 Brvu. few lag Marliln,-, (Miter Tm. rllrra, Victor and IMlseam,, oide aad Marlilur. ItaekaM), lluaery and I'liiurra. H, MAIMK.N, 1'n.prtHse 7IU Main Hi Just aow, rAimxm e-mtaale Hereftle, nt aVatlaule llr,ords, H, GOOD PRINTING f e BBwa, A. 0 A 9 is un imucKinm mcior in anvuMfnncM. nnd often ccWibutcfltapisttruiicccfts Ixjt us show yVcjrfock of bond wper and print ioxJK lino of otlico sU- tionery juMch wnL prove a busineav gcttt O. SMITH PRINTING CO. roURTH STRCCT, BCTsVCKN MAIN ANDLMATHI Chapped Hais? Now is the tirotyou will neejr I BBB Aw BBB I WITCMAZEL I I ALMOM6 CREAM I I A lotm unequalerf for I chapped hands and I are Hds. Trv a I I bottle and be I I I convinced I I law I M W I 1 25 ""It I VWiytman Drug Co. I I I M lll I a. gMMJ saa.waiaasaaaBiaaasiiatasiaiSBMaiBaBBaBBBBBBBBBBBBBBflBisBaiasssa''1 ' DON'T otfuGHJ 5"J?fJjaiiaBBBBBBBBBBBaBBfclBiBBBBBBBBBBBBBa 1 out portion. A. L. LHAV1TT. Send to Underwood's and get .UfcUle of NYAL'S WhtiWr. onri Tor ia "asywauiV ft.ll.-sA ,, It Will relleiff .the irritationsoothe your thrW aiume M)Uf n. Utt a bottle anu cf rY iflU6nlght. ' Large Bottlci 5 J M AW i UKdrp won n'S r mm. a--.- .,- a. i' w "r main aaa savenin tv "J-t, -1 If f A