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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (March 16, 1904)
TJTOpW 1 fWIM', H. DAmYOAPITAL JOUBNAl SALEM, OREGON, WEDNESDAY, MARCH 1G, 1904. NO. 63. i i CITY WITHOUT LAW SUBJECTS i 'I eiaea9 eTO$Esew8 VOL. XIV. THE ORIGINAL ORDINANCES ARE RE LOST SON MANY The ordinances of the city of Salem prior to J 893 are not In existence-Franchises are cloded--The right of way and j j switches of the Southern Pacicic railroad, are wiped oatj The franchises of the Water Company, the Gas Company, the Mill companies and their rights of way for ditches, and the electric car and electric light franchises are non est. The or- finances licensing saloons, in fact, the foundation ordinances of the city do not exist. In these respects, we have anarchy. ( 58M8oe9eeffi9i9eeeeeeee88eee8&aew Salem Is practically without laws. Tho ordinances passed by tho city for tho past half century are entirely lost, defunct, non-est, gone, vanished. It will bo remombcrcd that ono of tho first steps upon tho Inauguration of the nrescnt mayor and council, was the appointment of the committee ta check up tho books and records of tho past This committee is composed of Mayor Waters and Councilman Walk er and Crossan. They havo diligently pursued looking Into tho matter of the. records of tho city, raoro especially with a vlow to ascertaining tho con rectness of its accounts, but this work las developed somo startling matters. , Tho greatest of theso Is tho fact that towhero among tho archives of tho city can iho original laws and ordi nances from tho beginning of tho city's history up to tho tlmo of Ed. N Edos' first term as city recorder, which was In 1892, bo found. This discovery Is partly tho result of tho recent agitation on tho sub ject of enforcement of city ordi nances. In looking up tho matter of tho city's laws on this subject, and tho duties and powers of Its officials, Mayor Waters wont to tho original sources of his Information. His long oxperlonco and practice In tho work of handling public records and doing an abstract business, has mado that gentleman very particular as to what ho accepts as a record. Many persons aro content with a copy or duplicate but Mayor Waters' life training has boon such that ho wants to know tho real facts and records upon which public matters aro based. As ho has had occasion to look up tho laws and tho status of affairs that govern his 4 oftlec, ho has mado tho unwelcome discovery that Salem is practically without law; that Oregou's capital city is in a stato of chaos. In short, anarchy roigns in Salem, so far as having laws to execute, Is concerned. May Affect Chartei. This discovery reveals tho fact that all tho franchises granted by this city up to that tlmo aro out of oxistenco, whatovor tho ultimato effect of this fact may bo. This Includes tho char tor of tho Southorn Pacific railroad and Its right-of-way given by tho city, Its switch to tho freight dopot, and down tho river front to tho big mills. It wipes out of oxistenco tho franchise under which tho Salem Wator Com pany has put mains in tho street and sorved tho public. It annihilates the franchiso of tho gas company, and also tho big mill companies for open ing ditches through our city. The original street car and electric light franchises are also wiped out by the disappearance of tho original jordl nances. Wipes Out License Ordinances. It is revealed that most of tho ordi nances havo been copied Into record books, but theso aro not tho original laws, and could not bo used In court, In caso of litigation. For instanco, tho liquor license ordlnanco, which regulates and govorns tho conduct of saloons and gambling placos, and thoso which regulato all manner of public nuisances could not bo en forced In the courts, If contostcd, for tho reason that tho original law, which bears, tho approval of tho mayor and rccordor, giving dates of its passago could not bo produced In court. Cop ies of these ordinancos, unless certi fied to by tho propor official, as hav ing been mado from tho original, would not bo accopted, and, an far as tho effect goes lu court, our city might as well not havo had such or dinances, sho has nono now. Copies Not Good In Court. Just what particular ordinances aro Involved in this discovery It would bo dlffldult to nscortaln at this time, as U would requlro long research to sift out what exists, and what does not. Rccordor Judah has mado a thor ough search of tho building, and finds in tho oid archlvou of tho city hall very llttlo In tho way of original laws, previous to tho year montlonod, and, although thoy may still como to tho surfaco, llttlo hopo is ontortalned of finding thoso orlglnnl laws. It is more than probablo that 6omo city official, In whoso custody thoso ordi nances wore, concludod that tho cop. les, wrltton Into books of rocord, wcro nil that wore necessary, and honco de stroyed them. Dut such Is not tho caso, for whonovor a law is brought into court, it is necossnry to provo, first, that tho law exists, and no copy can bo acceptod, unless It Is certified to by tho official who mado It from tho record. What the outcomo of this discovery may bo, It will bo difficult to guess at this tlmo, as It lnvolvos difficult legal points, which will bo differently in terpreted by dlfforont porsone. Tho council might tako up tho mattor oC making an ontlroly now codo of laws, but this would involvo monthB of nr. duous labor. Tho difficulty might U so bo mot by asking tho legislature to (Contlnued'on Fourth Page.) BISHOP SEES Naval battle Writes Vivrd Description of the first Fight and the Sinking of the Russian Bat- . tie Ships at Chemulpo MAIL ORDERS aro a spoclal feature of our business thoroughly expe rienced shoppers tako proper caro of your wants. nFtoMHA a I .....EN!!.ro! ..., 1 Atf aHb imi WI a J US iB uuviviiui jmuuvifia tut . m Buttorlck pattorns. Full and cotnploto stock of pattorns. Faehton sheet and cataloguo sent on request. St. Petersburg, March 16. The Journal today prints a comparison of tho opposing forces of Russia and Ja pan In tho Far East, saying Russia has superiority in land armament by T6 cannon, but is Inforior In warships, which, howovor, Is compensated by tho artillory in tho Russian forts, tho valor of tho Russian sailors, and the necessity for tho Jnpanose to set apart a numbor of warships for transport escorts and to guard communications. There is no doubt as to tho lssuo of the naval war J)0lng tho destruction of tho Jnpanoso fleet. It is only a question of time when tho Baltic squadron makes Us appearance In eastern waters under tho most bril liant of Russian admirals. Tho article Is apparently wrltton to calm public opinion anchored tho morning of the 8th at Chomulpo, near tho 'Russian cruisers Variag and Korletz. Not a Jopaneso ship was In sight then. About 4 o'clock next day 12 Japancso ships steamed in and anchored. Threo thou sand troops wero landed, and tho six cruisors and six torpedo boats with drew eight mllos, and forinod a lino across tho channel. On tho 9th the consul notified tho Russians to leavo the harbor, and tho ships stripped for action and at noon sailed out Shortly with a roar tho fight began. Flfteon minutes wo thought would sufllclo to end tho unequal combat, but tho oarth and sea shook undor tho awful thundor of tho guns thirty mln utos, forty, fifty. Unnble to broak through, and scorning to surrender tho Russians swung around and steamed back to their anchorago with flags flying. Sure of their prey, the Jnpanoso resumed their station In the roadstead, blocking only the channel. ALL OVER THE STORE g - Eastor merchandise blooms and blossoms with a myriad of brilliant colors. This is tho greatest and most ambitious spring display put forth in this storo. On ovory sldo in every nook and corner, bright fashion blossoms may bo gathorod. Every dopartmont Is budding forth with springtime beauty. This Eastortldo wo havo striven for two results coraploto varloty and lowest prlcos. How well wo havo accomplished what wo havo striven for wo ask you to Judge. Cincinnati. March 16. Bishop Moore, Methodist, who witnessed the naval battlo botwoen the Russians and Japanese at Chomulpo. vividly de-j, four-funnolod Variag was evident-1 serin. i the clash in a letter to me ,y ,m(,,y oundd, nn,i bad a 1'st tc Pott The bishop loft Shanghai Feb-. wary Cth in a Russian llnor. which (Continued on Fourth Pace - . 2 Let us Show Youl New Ideas in Spring Dress Goods, Spring Walstlngs. New Silks, New Dross Trimmings. White and Colored Wash Goods., Gilt Belts. Crush Leather Belts, Laces, Embroideries, Rlbbous, Gilt and Gun Motnl Waist Sots. Shoes, Oxford Ties Our customers toll us we have the best assortments in the They havo seen the other linos, and ought to know. Some Pffonfctmcedt Values Inoatien's Spring Otrteflwea Wo are ready wtlh admittedly the greatest, and most tastofully ciioson early spring showing' of wo mon's and misses oaterwoar in Salem. No pains have been spared In collecting the most exclusive styles. In fact our whole energy has been con centrated In the grouping of this Important dis play. Now suits arriving daily. $J5.00 to $40.00 Spring Diess Goods Beautiful dross fabrics for Easter, colors and black In comprohonslvo va riety. Do you roallzo that Eastor is only two and ono half weeks away? Havo you planned for your now gown? You know the hardost part is usually the selection of matorlal, and,' the time for preparation Is llttlo enough We are glad to tell you, howovor, that the task of soloctlon has boon somowhat lessened for you by months of preparation on our part, and that now you may seo In our store A Matchless Display of the best styles tho mills afford, at prices that will save dollars. Late arrivals In the newest weaves of the toft clinging fabrics aro now ready for jour approval. NEW 8ILK8, NEW VOILES, NEW MOHAIRS, CHIFFON VOILES, CREPE DE CHINE, PEAU DE 80IE, SHAN TUNG, LOUISINES, TAF FETA, ETC., ETC., ETC. triljK'iirlfCT V Men's WSiraL MtmtMt jPtfa Clothe s !hifnur sate Zfitad CloOit. Ready tailored Just deeorlbos them Thoy aro entirely dlfforont from tho usual run of ready-tnado Cloth ing. Evory suit is hand-mndc; tailored by tlta highest paid work men In Amarlca, Tho cutting Ib superb. The cont fits snug over tho collar, square concaved shoulders, without n sign of a wrinkle. Hair cloth lining In fmnt, pre vents breaking or orttualng. It's to your1 Interest to seo this line of swell clothing before innklug your purchase. If you got it at s city. 9 i i The New Yotfc Racket 9 E. T.BARNES, Prop It is reliable. Our goods give satisfaction; our nHeee ar lower g toan at regular stores." It Is because our business management tick to tho spot cash. plan. is eeasQioical and we 9 SpringWashGoods It Is generally conceded that the wash fabrlos of this season are more beautiful and better adapted for comfort than of any previous season. Their toxturo Is very fine, filmy and In plain, dignified designs, . whloh refreshes one to look at let alono to woar. It seems the makers have kept more la mind the idea of conveying a cool, refreshing appearanae. as well as the aetual comfort to the wear er. Attractive Neck wear for Easter This year my ladles' neckwear will play a conspicuous part In the Easter toilet. In keeping with tho demands of fashion we have prepared an exhibit of fashionable neckwear, the dalntlnoes of which surpasses description. , m i ,ni i ' New Laces Got your laces here. It means big savings. An avalanebe 6f marvel ous lace values. We havo laces for ornamont, laoes for trimming, laces for entire robes. Now's your tlmo. Trimmings Great shipment of new dress trim mings arrived. Wo know you will be glad to see them. They are so handsome you eannot help ad miring the beautiful patterns, the rich colorings, the handsome effeet aad reasonable priee. Brand New Shirt Waists Yesterday we received another large lot of shirt waists whloh have been added to our Kteat stock. Yesterday's sunshine was the cause of a great many ladles securing their .soasons waists. Wore you one of them? Shirt Waist Suits Tho biggest, best and brightest display of the new shirt waist suits from lawn to silk. All the best styles aro shown. New Skirts They're hero. Another lot of those All Wool fanoy Melton Eleven gored skirts, In green tan and gray colors. Beet values shown. $3.95 The Proper Furnishings for Men When It coraos to furnishings, men aro no less critical than wo men, We've carefully studied tho male tasto in everything contained In our men's furnishing goods do partmont That's why so many men leave the question of soloo tion entirely to us. Our new styles , aro now In and ready for your In spection. Bee them I ' ' 1 1 : M H I T i (W If it H ?s "31 .a f 1 1 ill M