Octolier 28, 1M2
HERALD 'AND NEWS. KL'AMATH FALLS, OREGON
PAGE THTRTEETf
o
Proposed New Cheaper for GCIcomofh (Falls
AN ACT
F.mctlns charter (or tint city
of Klamath Fallg, KUunnth Coun
ty, OroKon; and rapeullnit all for
mer charlors of tha olty. .
II It unnoted by the people of
tha city of Klumnth Fall), Klam
tli County, Oregon:
Chanter I
NAME, BOUNDARIKS, AND
GENERAL, PROVISIONS
Bactlon 1. NAME, The city of
Klamath Falli, Klamath Coun
ty, Oregon, ihall contlnuo to b
a municipal corporation under
the name "City of Klamath
Fells."
Bactlon 3. BOUNDARIES, The
boundaries of the city shall be ai
follows:
Beginning at the northeast
corner of Section 33, Town
ship 38, South Rungo 0, East
Wlilumntte Meridian; thence
WMt i mile along taction line
common to Sections -28 nnd 33
of nold Township and Range;
thence north ) mile ulong the
west line of the SEI, of Skit of
Section 26; thence west along
north line of SWJ or SEt of
said flection 20; to the north
easterly line of Chanuing
Street In the Terraces Addition
to the City of Klnmnth Falls,
OOrcgon; thence northwester
ly along the northeasterly line
of said Chnnnlng Street to the
north line of the NWl of Slot
of said Section 28; thence west
olung Itiit snld linn to the west
line of SW of NEl of sold
Section 28; thenca north along
lust said line to its Intersection
with the northwesterly line of
Portland Street, extended;
thence southwesterly along
tha northwesterly lino of wild
Portland Street to the north
easterly Una of Hillside Ave-
Onue; thence northwesterly
along northeasterly line of
said Hillside Avenue, to Its In
tersection with the west line
of the NEl of the NWl of said
Section 28; thence north along
last said line to the north Una
of said Section 28; thence west
along south line of Section 21,
20, IB, of slid Township and
Range to tha southwest cornar
of the SEI of SEt of said Sec
tion 10; thence north i mile to
northwest cornar of SEI of
SEt of said Section 10; thence
west i mile to southwest cor
ner of NWl of SEI of said Sec
tion 10; thence north i mile to
northwest corner of NWl of
NEl of said Section 10; thence
west i mile to tha west line of
said Section 10; thence south
1 1 miles to the southwest cor
ner of Section 30 of snld
Township and Range; thence
east I of a mile to the north
Q west corner of NEl of NEt of
Section 31 of suld Township
and Kiiniio; thence south i of
a mile to southwest corner of
NEt of SEt of said Section 31;
thence east i mile to south
east corner of NEt of SEI of
said Section 31; thence south
I mile to southwest corner of
Soctlon 32 of aald Township
and Range, thence east 2 miles
to southeast corner of Section
33 of said Township and
Range; thence north one mllo
to the northeast corner of snld
Section 33 being the point of
beginning,
Section 3. EXISTING ORDI
NANCES CONTINUED. All or
dinances of the city consistent
with thla charter and In 'force
when It takes effect shall remain
In force until repealed or until
they expire by limitation.
8ation 4. EXISTING RIGHTS
iND LIABILITIES CONTIN
QlICD. No right or liability of the
city existing at the time of adop
tion of thla charter shall ba Im
paired or d I i c h a r g e d by the
adoption.
Chapter II
POWERS
Section 8. POWERS OF CITY.
Tha city shall have all the rights,
powers, privileges, and Immuni
ties which the constitutions,
statutes, and common law of the
United States and of tills atota
expressly or Impliedly grnnt or
nllow municipalities, oa fully ai
though this charter expressly
stntod each of those rights, pow
ers, privileges, nnd Immunities.
8ectlon 8. ENUMERATION
OF POWERS NOT EXCLU
SIVE. In this charter no enum
eration of or reference to partic
ular rights, powers, privileges,
' or immunities shall be construed
to be exclusive,
ft Section 7. EXERCISE OF
JOWER. The city's exorcise of a
right, power, privilege, or Im
munity, where not prescribed by
constitution or law, shall be in
the manner prescribed In this
charter; and, whero not pro
scribed by const Itutton, law, or
this charter, shall be In the man
ner prescribed by ordinance or
resolution of the council.
Chapter III
FORM OF GOVERNMENT
Bactlon 8. FORM OF GOV
ERNMENT. Except as otherwise
provided In thla charter, the
Powers of the city shall bo vested
in tho muyor and tho council of
the city.
Section 9. COUNCIL. The
council shall be composed of five
councilman, one elected from
each ward. Each councilman
'hall serve a term of four yearn
4Pd until his successor Is elected
V'ld qualified. The two council
man in office at tha time of adop
tion of this oharter whose terms
of office under the previous
charter expire at tha end of 1644
shall continue In office until that
time. The three councilman
elected at tha general election
In 1042 shall hold office until
the end of 1048. In 1044 and
quadrennlully thereafter coun
cilman shall be elected from
wards 1 and 4; In 1948 and
quadrennially thereafter, from
wards 2, 8 and 0,
Bactlon 10. MAYOR. The may
or shall serve a term of four
years and until hit successor ll
elected and qualified. In 1044
and quadrennially thereafter a
mayor shall be elected at the
general election. The mayor In
office at the time of adoption of
thla chartor shall continue In of
fice until the end of 1044.
Bactlon 11. OTHER OFFI
CERS AND EMPLOYEES. Addi
tional officers of the city shall
be a municipal Judge, and a
tronsuror, euch of whom shall ba
elected, and any other officer
whom the muyor and the council
deem necessary may be appoint
ed by tha mayor with tha con
sent of tha council. Tha mayor
with tha consent of the council
may combine any appointive of
fices and provide that the holder
of any office which it designates
may supervise any appointive
officer or employee,
Bactlon 12. QUALIFICA
TIONS OF OFFICERS. To hold
n elective office of the city, a
person shall be and for one year
previous to his election shall
have been a qualified voter of
tho state, a resident of the city,
and a holder by deed or contract
of record of a beneficial Interest
In real property In the city.
Chapter IV
THE COUNCIL
Bactlon 13. COMPENSATION.
The council may fix the com
pensation for Its members, which
shall not exceed $8.00 per regu
lar meeting attended or (300.00
por year.
Section 14. MEETINGS. Tha
council shall designate a time
and place for Its regular meet
ings to be held in the City Hall
and adopt rules and regulations
for the government of Its mem
bers and proceedings. Tha may
or, upon his own motion may,
and upon the request of two or
mora members of the council
shall, 'call a special meeting of
tha council for any time by giv
ing notice of the meeting to all
the members of the council then
In the city. Special meetings of
the council moy also be hold by
common consent of all the mem
bers of the council,
Bactlon 15. QUORUM. A ma
jority of the membora of the
council shnll constitute a quo
rum to do business, but a small
er number moy meet and compel
attendance of the absent mem
bers. Section 18. JOURNAL. The
council shall keep a Journal of
Its proceedings, and the ayes and
nays shall ba recorded.
Section 17. MEETINGS TO
BE PUBLIC. The deliberations
and proceedings of the council
shall be public.
Bactlon 18. MAYOR'S DU
TIES AT COUNCIL MEET
INGS. The mayor shall be the
presiding officer of the council.
He shall have no vote, except the
deciding vote in case of a tie
vote of the mombors of the coun
cil present at a meeting on a
question other than the passage
of an ordinance, He shall .have
authority to preserve order, en
force tha rules of tha council,
and determine the order of busi
ness under tha rules of the
council.
Bactlon II. PRESIDENT OF
THE COUNCIL. At Its first mt
Ing each year the council shall
elect a president from its mem
bership. In the mayor's absence
from a council meeting the pres
ident shall preside. Whenever
tha mayor is unable, on account
of absence, Illness, or other
cause, to perform the functions
of his office, the president of the
counoil shall act as mayor.
Section 20. VOTE REQUIRED.
Except as otherwise provided in
this charter, the concurrence of
a majority of tha members of the
council present at any meeting
shall be necessary to determine
any question before the mayor
and the council.
Chapter V
POWERS AND DUTIES OF
CITY OFFICERS
Section 21. MAYOR. The may
or shall ba tha executive officer
of the city and shall exorcise a
careful supervision over Its gen
eral affairs. He shnll appoint the
committee provided for under
tho rules of the council or other
wise and by appointment shall
fill all vacancies In committees
of the council from that body.
Ha shall approve and sign or
veto city legislation within ten
days after its enactment, and In
case of a veto shall report to tho
council within ten days giving
his reasons therefor. He shall
sign all orders on the city treas
urer, and shnll sign all writings
authorized by this charter, the
laws of tho state, or the council,
Ho shall approve, with tho con
sent of tho council, all official
bonds and bonds for licenses,
contract, and proposals. In an
emergency he shall have power
to suspend any appointive offl.
cor or publlo e m P 1 o yje 8 for
thirty days- He shall also have
power to suspend or remove,
with the consent of the council,
any appointive officer or pub
lic e m p 1 o y a e for any cause
which he deems sufficient,
which cause shall be stated In
the order of suspension or re
moval. But no civil service em
ployee shall be removed until
after having been afforded a
hearing before the civil service
commission. Ills compensation
shall be 82100 per annum, pay
able monthly.
Bactlon 32. MUNICIPAL
JUDGE. The municipal Judge
shall serve a term of four years
and until his successor is elected
and qualified. The municipal
Judge who is elected November
3, 1042, shall contlnuo in office
until the end of 1048. In 1048
and quadrennially thereafter, a
municipal Judge shall be elected
at the general election. Tho mu
nicipal Judge shall be the Judic
ial officer of the city. He shall
hold within tho city court
known as the municipal court
for the city of Klamath Falls,
Klamath County, Oregon. Ex
cept on nonjudicial days, the
court shall be open for the trans
action of judicial business. The
court shall exercise original and
exclusive Jurisdiction of all
crimes and offenses against tha
city defined and made punish
able by ordinance of the city,
and of all actions brought to re
cover or enforce forfeitures or
penalties defined or authorized
by ordinance of the city. The mu
nicipal judge shall hove author
ity to issue process for the ar
rest of persons occused of an of
fense against tho ordinances of
the city, to commit such persons
to Jail or admit them to bnil
pending trial, to Issue subpoenas,
to compel witnesses to appear
and testify before him on the
trial of any cause before him, to
compel obedience to such sub
poenas, to issue any process ne
cessary to carry Into effect the
Judgments, of the municipal
court, and to punish witnesses
and others for contempt of court
When not governed by ordinance
or this charter, all proceedings
In the municipal court for the
violation of a city ordlnanca
shall be governed by the appli
cable general laws of tha state
governing Justices of the peace
and justice courts. The council
shall not prescribe rules govern
ing his Judicial functions. His
compensation shall be $2100 per
annum, payable monthly.
Section 23. RECORDER. The
recorder shall be ex-offlclo clerk
of the council, attend all the
meetings of the council, and
keep an accurate record of Its
proceedings in a book provided
for that purpose. The recorder
shall sign all ordinances signed
by tha mayor or passed over his
veto and all writings authorized
by this charter, the council, or
the laws of the state.
Section 24. TREASURER. The
treasurer shall serve a term of
four years and until his succes
sor is elected and qualified. The
treasurer in office at the time of
adoption of this charter shall
continue in office until the end
of 1044. In 1044 and quadrcn
nially thereafter a treasurer
shall be elected at the general
election. The treasurer shall re
ceive and safely keep all the
moneys that come Into his hands
belonging to the city, and shall
pay the same over upon a war
rant signed by the mayor and the
recorder. He shall keep a cor
rect account of his receipts and
disbursements, and at all times
keep his books open for Inspec
tion by the mayor and the coun
ell and any officer or Interested
citizen of the city, and at the ex
plratlon of his term of office or
upon his removal therefrom, he
shall turn over to his successor
all moneys, books, and papers in
his custody belonging to his of
fice. Ha shall have such other
powers and duties as the council
prescribes. Before entering up
on his office he shall provide a
bond, In an amount designated
by the council and with sureties
meeting the approval of the
mayor, conditioned that ha will
perform faithfully tha duties of
his office. His compensation shall
be $1820 per annum, payable
monthly.
Chapter VI
ELECTIONS
Section 28. SPECIAL ELEC
TIONS. By resolution the court
ell may call and provide for
special elections.
Ssctlen 21. NOTICE OF
ELECTIONS. The recorder, un
der the direction of the council,
shall give at least ten days no
tlce of each city election by post
ing the notice In two public
places in each precinct in the
city and by publishing tho no
tlce twice in a newspaper of gen
eral circulation In the city, The
notice shall, state the officers to
be elected at the election, tha
measures to be voted on at tha
election, and the time and places
of tha election.
Ssctlen 27. QUALIFICA-
TIONS OF ELECTORS. Every
legal voter of the state who has
been a resident of the city for
ninety days nnd registered there'
In immediately preceding a city
election shall be entitled to vote
at the election.
Section 38. CANVASS OF
ELECTION RETURNS, By noon
of tha day following a city elec
tion tho returns pf the election
shall be filed with the recorder,
and within ten days alter the
election the recorder, and at
least one member of the counoil
shall meet and ennyass the re.
turns. In all elections held In
conjunction with state and
county elections the state law
governing the filing and can
vassing of returns shall apply.
The results of each election shall
be entered in the Journal of the
counoil. The record shall state
the number of votes cast at tha
election, the number of votes
cast for each person, the number
of votes cast for and against each
measure, the names of the offi
cers elected, and the measures
enacted, or approved. Tie votes
shall ba resolved by lot.
Seotlon 28. CERTIFICATE OF
ELECTION. Immediately after
completion of the canvass, the
recorder shall Issue a certificate
pf election to each person elect
ed. The certificate shall be prima
facie evidence of the facta which
It states. Contested elections
shall be determined according to
the state law regulating proceed
ings in contested elections of
county officers.
Section 30. COMMENCE
MENT OF TERMS OF OFFICE.
The term of each elective officer
chosen at a regular city election
shall commence at the first of
January immediately following
the election. In case of an elec
tion or appointment to fill a va
cancy In an office, the person
elected or appointed shell enter
upon his office Immediately.
Section 31. OATH OF OF'
F1CE. Every officer, upon enter
Ing office, shall take or file with
the recorder an oath or offlrma
tlon that he will support the con
stitution and laws of the United
States and of this state and the
charter and ordinances of the
city, and that he will perform
the duties of his office to the
best of his ability..
Bactlon 32. NOMINATIONS
The council shall provide by or
dinance the mode of nominating
elective officers, or In default of
an ordinance, they shall be nom
inated as provided by State law.
Section 33. WARDS. For the
purposes of electing councilmen,
the city shall be divided Into
five wards, the boundaries of
which are as follows:
. WARD NO. I.
Beginning at the Southwest
corner of Section thirty-two
.(32), Township thirty-eight
(38), South Range nine (9), E.
W. M-, thence North one-quar
ter (t) mile, thenca West one-
quarter (t) mile, thence North
three-quarter (S) mile, thence
West one-quarter (t) mile,
thence North one-quarter (I)
mile, thence West one-half (t)
, mile, to the West line of Sec
tion thirty (30), Township
thirty-eight (38), South Range
nine (9). E. W. M, thence
North to the Northwest cor
ner of lot twelve (12), of said
Section thirty (30), thence
Easterly on the north line of
Lota twelve (12) eleven (II)
three (3) and eight (8) of
said Section thirty (30) 'to the
center line of California Ave
nue, thence Southerly along
the center1 line of said Califor
nia Avenue to Cook Street,
thence Easterly along the cen
ter line of Cook Street to Uer-
lings Street, thence South on
Uerllngs Street to its Intersec
tion, with Sixth Street, thence
Southeasterly on Sixth Street
to Pine Street, thence South
westerly on Pine Street to
Fifth Street, thence Southeast
erly on Fifth Street to Pacific
Avenue, thence Southwesterly
on Pacific Avenue to the
North boundary of Lake
Ewauna, thence Westerly and
along the boundary of said
lake to the South line of Sec
tion thirty-two (32), Township
thirty-eight (38), South Range
nine (9), E. W. M., thence West
on last aald line to point of
beginning.
WARD NO. II.
Beginning at the intersection
of Eighth and Cook Streets in
the city of Klamath Falls, Ore
gon, thence Southwesterly on
Cook Street to Uerllngs Street,
thence South on Uerllngs
Street to Sixth Street, thence
Southeasterly on Sixth Street
to Pin Street, thenca South
westerly on Pine Street to
Fifth Street, thence Southeast
erly on Fifth Street to Pacific
Avenue, thence Southwesterly
on Pacific Avenue to the
North Boundary of Lake
Ewauna, thence Southeasterly
along tha North boundary of
said Lake to the South line of
Section thlrty-two (32), Town
ship thlrtylght (3B), South
Range nine (0), E. W. M.,
thence East on last said line to
the center line of the South
ern Pacific Railway right-of-
way, thence North along the
center line of tha Southern
, Pacific right-of-way to Main
Street,' thence West on Main
Street to Esplanade Street,
thence Northeasterly on Espla
nad Street to Pine Street,
thence Northwesterly on PlneJ
, Street to the Southerly right-
of-way line of the United
' States Reclamation Service ca
nal, thence Westerly on said
Inst line to It intersection
with Jefferson Street, thence
Southwesterly on Jefferson to
Eighth Street, thence North
westerly or) Eighth Street to
cook street, the point of be
ginning. WARD NO. III.
Beginning at the Intersection
of Shasta Way and Washburn
Way. in the City of Klamath
Falls, Oregon, thence North
on Washburn Way to the
North line of Section thirty
three (33), Township thirty
eight (38), South Range nine
(9), E. W. M., thence West on
said section line to the center
line of the Southern Pacific
Company right-of-way, thence
South on said center line of
tha Southern Pacific Company
right-of-way to the South line
of Section thirty-three (33),
Township thirty-eight (38).
South Range nine (9), E. W.
M thence East on said section
line to point of beginning.
WARD NO. IV.
Beginning at tha Intersection
of Esplanade and Main Streets
In the City of Klamath Falls.
Oregon, thence Northeasterly
on Esplanade Street to Pine
Street, thence Northwesterly
on Pine Street to the Souther
ly line of the United States
Reclamation Service canal,
thence Easterly on last said
line of Its intersection with
the line between Lots eleven
(11) and twelve (12) Block
thirteen (13). Hot Springs Ad
ditlon, extended, thence South'
westerly on last said line and
Westerly on the line between
Lots three (3) and four (4) of
said Block thirteen (13) to
Crescent Avenue, thence West
from Crescent Avenue on Can
by Street to East Street.
thence North on East Street
and North on Lexington Street
to the center line of the South'
em Pacific Company railway
right-of-way, thence North
westerly along the center line
of the Southern Pacific Com
pany railway . right-of-way to
Van Ness Avenue, thence East
on van Ness Street to Law
rence Street, thence Southerly
following the East boundary
of tha city limits to Main
Street, thence West on Main
Street to the point of be
ginning. WARD NO. V.
Beginning at the intersection
of Eighth and Jefferson
Streets in the city of Klamath
Falls, Oregon, thenca North'
westerly along Eighth Street
to Cook Street, thence South'
westerly on Cook Street to
California Avenue, thence
Northwesterly on California
Avenue to Nevada Avenue,
thence Westerly on Nevada
Avenue to the East boundary
of Upper Klamath Lake,
thence Northerly along the
East boundary of said Lake to
Its intersection with the East
and West one-quarter (I) line
of Section nineteen (IB);
Township thirty-eight (38),
South Range nine (9), E. W,
M., thence East on said line to
the center of said Section nine
teen (IB), thence South along
the North and South one-quar
ter (i) line of said Section one
quarter (i) mile, thence East
one-quarter (I) mile, thence
South one-quarter (t) mile to
the North line of Section thir
ty (30), Township thirty-eight
(38), South Range nine (9),
E. W. M thence East along
the North line of section thir
ty (30) and twenty-nine (29),
Township thlrty-eight (38),
South Range nine (9), E. W
M., to Its intersection with the
center line of tha Southern
Pacific Railway right-of-way,
thence Southeasterly along
tha center line of the South
arn Paclf ie railway right-of-
way to Lexington Avenue,
thence South on Lexington
Avenue to Canby Street,
thence East on Canby Street
along the Una between Lots
three (3) and four (4) and
eleven (11) and twelve (12) In
Block thirteen (13), Hot
Springs Addition, to the can
ter line of the United States
Reclamation Service Canal,
thence following the center
line of the United States Re
clamation Service canal in a
Southerly and Westerly direc
tion to Its intersection with
Jefferson Street, thence South
westerly on Jefferson Street
to Eighth Street, the point of
beginning.
The council may change ward
boundaries by a four-fifths vote
of its membership.
CHAPTER Vn.
VACANCIES IN OFFICE
Section 34. WHEN OFFICE IS
VACANT. An office shall be
deemed vacant when the incum
bent dies, is adjudged Insane, is
convicted of a teiony, resigns,
moves from the city, is absent
from the city for a period of
thirty days without the consent
of the mayor and the council,
Ceases to possess the qualifica
tions necessary for the office, or
when tha person elected or ap
pointed to the office falls to qual
ify therefor on or before the day
his term of office commences. In
addition to the above causes, the
office of mayor or councilman
shall be deemed vacant if the
Incumbent Is absent from coun
cil meetings for a period of
thirty days without the consent
of the mayor and the council
Seotlon 38. FILLING OF VA
CANCIES. Vacancies in office
hair be filled by appointment of
the rneyor and tha approval of
the council, and the appointee
shall serve the unexpired term
of his predecessor, within twen
ty-four hours after his appoint
ment, an officer appointed to fill
a vacancy must qualify for the
office' as in ease of an officer
elected, and In case he fails to so
qualify he shall be deemed to
have declined the office and the
office shall be deemed vacant.
In case of temporary absence
of the municipal Judge, the treas
urer, or the recorder, the mayor
with the approval of the council
shall appoint an officer pro
tempore.
Chapter VIII.
ORDINANCES
Section 38. ENACTING
CLAUSE. The clause of all ordi
nances shall be, "The City of
Klamath Falls ordains as fol
lows." Section 37. INTRODUCTION,
READING, AND PASSAGE. Ev
ery ordinance shall be fully and
distinctly read in open council
meeting on two different days
previous to being put upon its
final passage, but any ordinance
may be Introduced, read twice,
once In full and once by title,
and put on its final passage at a
single meeting by a unanimous
vote of all members of the coun'
ell present at the meeting. No
ordinance shall be passed unless
approved by a majority of the
members of the council, and no
ordinance shall be passed at the
meeting at which It Is introduced
unless approved by four mem
bers of the council. Upon the
final vote, the ayes and nays of
the members of the council shall
be taken and recorded in the
journal. No ordinance vetoed by
the mayor shall have effect un
less passed Over his veto with
the approval of four members of
the council.
Section 38. WHEN ORDI.
NANCES TAKE EFFECT. Each
ordinance passed by the council
shall take effect on the thirtieth
day after it has beep approved
by the mayor or passed over his
veto; but in case of an emer
gency,' an ordinance may pro
vide a different time when it is
to take effect.
Chapter IX.
PUBLIC IMPROVEMENTS
Section 39. CONDEMN A'
TION. Any necessity of taking
property by condemnation shall
be determined by the council
and declared in a resolution de
scribing the property and stat
ing the use to which It is to be
devoted.
Section 40. SPECIAL AS
SESSMENT. The procedure for
levying special assessments and
assessments for public improve
ments or re-assessments shall be
governed by ordinance.
Section 41. BIDS FOR PUB
LIC IMPROVEMENTS. All con
tracts for public Improvements
or materials or supplies exceed
ing $500.00 shall be let to the
lowest responsible bidder, to be
done according to the plans and
specifications to be furnished by
the proper office or department
of the city and approved by the
council. The council reserves the
right to reject any and all bids.
Chapter X.
MISCELLANEOUS
Section 42. LIMITATIONS ON
INDEBTEDNESS. Unless Other
wise authorized by the legal vot
ers of the city, the council shall
not contract a voluntary float
ing indebtedness or a bonded in
debtedness of the city. The term
"floating indebtedness" means
any lawful, valid claim against
the city for the payment of
which there Is no money in the
treasury specifically designed,
nor any taxation nor other
means of providing money to
pay, particularly provided. City
officials or employees who cre
ate or officially approve any in
debtedness in excess of a limita
tion set by this charter or by the
voters of the city shall be jointly
and severally liable for the
amount of the excess.
Section 43. FRANCHISES. No
ordinance granting franchises
shall be enacted except by a 48
vote of the common council and
the approval by the mayor. Any
such ordinance granting a fran
chise shall be published on two
successive days at the expense
of tne applicant in the city offl,
cial newspaper and such ordi
nance - shall not become opera
tive or go into force and effect
until 60 days after its introduc
tion. The council shall designate
a city official newspaper on the
first of each year, which news
paper shall be the one published
in Klamath Falls, Oregon, with
the greatest paid circulation
therein. No franchise shall be
granted by the city of Klamath
Falls for a longer period than
fifteen years.
Section 44. DAMAGES. Every
claim for damages against the
city shall be presented to the
mayor and the council and filed
with the recorder within six
months after the time when the
claim accrues; otherwise there
shall be no r e c o v e r y on the
claim. No ordinance shall be
passed allowing any such claim
or any part of it, or appropriat
ing money or other property to-
pay or satisfy it, until It has been
referred to the city attorney and
he has made his report to the
council on it pursuant to the ref
erence. NO' action shall be main'
tnlned against tha city for any
claim for damages until the
claim has been presented to tha
council and filed with the .re
corder as above set out and 85
days have elapsed after the pres
entation.
Section 45. REPEALING
CLAUSE. All former charters of
Sarinske Named 'Airman's
Airman' by Crew Members
Of Alaskan Bomber Unit
HEADQUARTERS ALASKA
28 W) Crew members of a combat aircraft, who have earned
their 15-day leaves the hard way with a score of flights over
Japanese-held Klska island, were on the way today - to homes
scattered from Belton, Texas, to Brooklyn.
The crew's approximately 20
combat lead for Its squadron and
Alaskan front. Fourteen times
bomber relaxed after thef-
"bombs away" signal Indicated
their mission for a trip was over.
On other trips either the weath
er or other eauses stopped the
plane or it was on photo mis
sions only.
It came back once with its
controls riddled, the cabin pock
marked by shrapnel fragments,
and a gunner blood-smeared but
still ready for battle.
The pilot, whom the others
address as "Boss," Is Capt. Col
lier H. Davidson of Blakely,
Ga. He is the son of a flying
colonel who was lost In a plane
wreck a couple of years ago.
Davidson credits the crew with
one Japanese plane definitely
shot down and another probab
ly destroyed In the air, In ad
dition to the damage done by
bombs.
He nominates Side Gunner
Sergeant Henry A. Sarinske of
Glenwood City, Wis., as "The
Airmen's Airman" of the crew.
Sarinske earned his c r e w
laurels on a mission on which
the plane went In. at medium
height to attack what the crew
thought was a merchant ship.
It turned out to be two small
war vessels, which sent up ter
rific anti-aircraft fire, ripping
through the bomb bay.
Coming through the bottom
ftf the cabin, one snail wem
clear through, dropping Its fir
ing pin, piercing the top ana
exploding, scattering shrapnel
down through the ship. The
crew recovered the firing pin
for a souvenir.
Also, three Zero fighters ap
peared simultaneously. me
bomber was Shot up badly. The
rudders were only partially usa
ble. One shell exploded eimost
in Sarinske's face. A piece
gashed his hand and anower
tore a hole through his Up,
slamming him back against the
ship's armor with terrific force.'
Sarinske, half conscious end
his face a welter of blood, merer
ly shook his head, dropped e
niece of his goggles out of his
eye and went back to hi ma
chine gun. His ore drove me
Zeros from the crippled bomt
er's side.
MeanwhUe, Sergeant Baldas
sare, a little feUow, was sitting
On a book m the tail to get
high enough to sight the guns.
(It was "Roger's Bangers," a
thick volume.) One Jap plane,
sighting the tatters hanging
from the bomber's tail, figured
it was a dead duck and came
in from the taU. His turret was
virtually wrecked, but Baldas
sare managed to get Off two
50-Dound bursts at point blank
range. There was no doubt
about that Zero. When It hit
the water, only the wings
bounced.
Then Baldassare went for
ward and sat on the Woody
Sarinske to keep him away
from the firing position. He took
over the side gunner's post him
self.
The bomber staggered home
practically without controls aft
er one . of the men crawled out
in the open bomh bay with 2,
000 feet below him to the wa
terthe bey doors wouldn't
close end unsuccessfully at
tempted to fix the control lines,
while Co-pilot Baumgsrtner
clung to him.
Baldassare found a . bullet
through his book. Later Sarin
ske crawled out, went to a hos
pital and never asked for relief
from flying three days later,
Bandaged, but smiling, he was
back over Kiske again, vying
with Lieut. Moran to see who
would set the first Zero for
sure.
Moran, a former pkeet Shoot
er, said: "I found out they can
be hit. It's great feeUng when
you realize that."
Sarinske's only request was
for a new flying suit. His old
one yielded just about its weight
in spent shrapnel.
. "CHAMP-" OIL WELL
Potrero de Llano No. 4, one of
the lareest oil wells ever brought
in, produced 8,000,000 barrel of
Oil in tne tirst u oaya ox us
operation. The oil gushed forth
at the 'enormous rate of 125,000
barrels a day, and a lake reser
voir was constructed to hold It,
"EATING" WATER ,
We "eat" a lot of water. Half
of every loaf of bread, two
thirds of every egg, and 75 per
cent of every potato and steak
consists of water.
the city, together with ' their
amendments, ere repealed. But
this provision shall in no way
impair the effect of Section 4 of
mis charter.
Section 41. PATS OF tf
FECT. This charter shall become
effective January 1, 1843.
Oct. 21-28. No. 180. -
DEFENSE COMMAND, Oct,
trips over Kiska gives it the
possibly for all units on the
the nine men on this heavy
IS
WASHINGTON. Oct. 28 (P)
Statements by Senator Willis (Bl
ind.) that "our navy is almost out
of commission in the Pacific"
and that only one American
plane escaped after the raid on
Tokyo were labeled "political
bunk" Tuesday by Sen. Hill CD
Ala.), majority whip.
Willis made the statements be
fore a republican rally at Bed
ford, Ind.
Paul C. Smith, chief of the
news bureau of the office of war
information, commented that
"the senator does not appear to
know what he is talking about."
Rep. Sparkman (D-Ala.), en
other member of the committee,
commented, "I do believe that
the government should give us -full
and frank Information re
gardless whether good or bad,
just as soon as it can be given
without helping the enemy. But
simply because we feel It hasn't
done that, this doesn't justify
such wild, exaggerated and in
accurate statements as these."
30,000 More Needed
For War Industry
In Portland Area
PORTLAND, Ore., Oct. 38
(AP) The already crowded
Portland-Vancouver area will
have to import another 30,000
workers for war industries with
in the next seven months, the
district war manpower commis
sion advised yesterday.
AH told, 53,199 additional
workers wlU be needed, Di
rector L. C. Stoll said, adding
that 20,000 could be diverted
from non-essential employment
In this locality.
He said 98,709 are new a
work in war industries here.
13 Carriers Now
Under Construction,
Says Director
BOSTON, Oct 28 UP) Cap
tain Leland P. Lovette, director
of public relations for the nayy.
said Tuesday that the United
States had 13 big aircraft car
riers under construction, design?
ed to "carry the fight to the en
emy." He told the Advertising chile
of Boston that carriers were one
of the most important weapon
of offensive action on the seven
fronts on which the United
States Is engaged.
Lovette said that three Liberty
ship sa day were being delivered
to the navy and that the time
of construction had been re
dueed from 141 to 80 days.
NO STAINED FINGERS
When first introduced, fork
were used to prevent etalnins
tha fingers. Two-tined forks had
long been used for carving, but
the Italians introduced the fork;
as an eating Implement by using
it for fruits and other foods that
stain the fingers.
Leg-acy
Because, sy Anne Shirley, the
legs of a former burlesque
queen were substituted for her
own in a close-up shot ta one
of her mov'e the actress 1
suing a film company for
'... $100,000... .. ,
JM:,
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km Sa
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