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STATEMENT TO COUNCIL
Opposition Takes Up Paving
Question in Detail.
Editor Gasette: We desire through
your paper to convey to the citizens of
Colfax our objections to bitulitbic pav
ing and submit herewith the following:
A statement has been banded each
member of the city council It shows
the position of more than 56 per cent of
the property owner* who are to pay for
the pavpment in the proposed improve
ment districts known as Main and Mill
street districts. But the mere matter of
having to pay for these improvement*
does not seem to entitle the majority of
such payers to the right of selection, or
to any right whatever, except that of
seeing their property taken from them if
they do not pay.
Th« Paving Question.
Notk —Number 1 is the city council's
position and No. 2 is the position and
reply of the protestants to the council.
1. Bitulitbic looks better, is smooth,
is more even, is more easily repaired, has
2. Looks are a matter of taste, coo
crete can be made of any color, concrete
is not smooth and a smooth pavement
is not desirable, concrete is not dusty in
the sense that the term is used and what
little there is is negligible. Eveness de
pends on workmauftbip ami concrete can
and is put down as even as bitulithic
Concrete needs lesn repair than bitulithic
and the cement can always be obtained.
Concrete has a longer life than bitulithic;
when bitulitic is worn out there is noth
ing left; when concrete is badly worn
there is a good base left and deep holes
can never be worn like in bitulitbic.
1. It is not denied that bitulithic is
2. It is admitted that concrete is not
smooth, a rongb pavement is desired
to prevent slipping and skidding, a
horse can pull better on concrete than
1. It is admitted that bitulithic gets
harder as it gets older.
2. All bituminous pavements lose
their elasticity as they get older and
when their elasticity is gone they begin
to crumble. Therefore when a bitulitbic
pavement gets bard it is approaching
the end of its life; it is therefore a pave
ment that rots from age. Concrete gets
stronger as it gets older, it does not rot
1. Bitulithic has a base of loose
rolled rock that imparts elasticity.
2. When bitulithic gets old, say 5 to
10 years, and any holes appear in it
there is no base left and the hole getc
rapidly larger, the material is compara
tively soft and wears away rapidly be
fore the wheels Concrete is practically
all base it is as hard at the bottom as
on top and deop holes do not wear in i*.
1. Primary and ultimate cost must
2. Agreed, and concrete has a lower
primary cost and a lunger life and so an
ultimate lower cost.
1. The council doea not state its po
sition as to whether traction engines will
be allowed to pass over bitulithic with
2. Spokane requires a permit every
time a traction engine is to pass over
its asphalt streets also a f 5000 bond to
cover the cost of any possible damage
to the street. Lewiaton has an ordin
ance preventing traction engines pass
ing over He bitulithic paved streets.
How will traction engines get through
Colfax if we pave with bitulithic.
1. Is the council acting with wisdom
in asking bids for only one kind of pave
ment and that one a patented one for
which only one company can bid? Is it
not a cincb? la it likely that there will
be competitive bidding ?
It is not likely that tbebitulithic corn
pan.? will raise its bid.
The paving question has been before
the people for two years; why did not
the people who are protesting say some*
thing before ? They waited until this in
opportune moment when due to a mis
take some of the work had to be done
over again to meet legal requirements.
2. Paving was talked about coon
after the flood but not the kind of pav
ing, which was only considered the past
two or three months. Some of the citi
■ens did investigate paving material at
their own expense but their opinion or
desires were not asked. The people had
no opportunity to express an opinion or
desire. Why did not the council wait
after opening the bids and let the people
Bay what they wanted after the prices
became known, they could not make
their choice before the price was known.
The council went into executive session
and voted on the pavement and gave
the people no opportunity to say what
they wanted. It was a steam roller
proposition. It is no fault of the people
that the council made a mistake in their
legal preliminaries although it may be a
Stood thing that they did. The council
advertised for protests against their de
cision. It is fair evidence that the pro
testante are not entirely biased when
two of the council etood for concrete or
Hassani which is the same thing.
1. The protestaata are not in good
faith in this protest but are protesting
in the hope that paving may not be
2. If the council is in good faith for
paving why does it not give those who
pay for the work a chance to be heard
and give them what they want. The
protestants are in good faith and desire
pavement. The protestants have shown
their good faith by doing nothing to
prevent paving after the council's decis
ion to pave with bitulithic. The pro
teatants would have assisted the council
in every way and gave tacit consent.
Bat when it became apparent that the
people had an opportunity to express
their desire and the same was advertised
for they then petitioned the council for
what they wanted and were then charged
with bad faith. Is that a square deal?
The council now has a divided sentiment
and has not harmony nor the support of
the property owners. Would it not
show b 'tier faith on the part of the
council to give all the paving companies
who desire to bid a chance to do so.
Might it not result in a lower bid being
received? Might.not the property owners
and the citizens get a better deal ? Will
not the council do better to consider the
people who pay for this and thus get
their support rather than gaining their
opposition by opposing them? Will not
harmony be more likely to get a pave
meat than lack of harmony and all that
strife implies? What course will show
the greatest good faith ?
1. It is too late now to change the
call for bids, we must hurry to get it
done before winter.
2. Paving cannot possibly begin as
it is now before September and it is very
doubtful if it can begin then or be fin
ished this year. We tnuet not hurry on
a proposition of such great importance
and expense as this; we must do the
best we can as to pavement aud cost and
it is much better to proceed pafely and
cautiously than it is to proceed as the
council has in the past with uncertainties
and legal irregularities. If we can't get
it done before winter it can be done in
the spring; but it muat be done well and
Coifax must get what it is paying for.
We do not desire delay but we insist on
1. The people don't know what they
want and the council must do it for
them. The council has investigated this
proposition and decided for bitulithic.
2. The counril is not unanimous
upon bitulithic. Many of the people do
know what they want and at least 50
per cent of the frontage is represented in
the protest of the property owners
against bitulithic. Does that indicate
that the people do not know what they
want. It at least indicates what they
do not wan*\ The protestants are as
capable of knowing pavement as any on
the council and in addition have to pay
for it. The protestants have investi
gated the pavements at their own ex
pense and have decidtd for some form of
Concrete pavement. Why should their
wishes not be considered ? Has any
property owner petitioned for bitulithic?
The letter which accompanied the
above statement to the councilmen was
signed by B. M. Mofiatt, W. B. Pala
mountain, A. ,1. Davis, Claude Rollings
worth and Patrick Codd.
WHEAT RATES STAY UP.
No Reduction on 0.-W. R. & N.
From Palouse Country.
There will be no reduction in wheat
rates from points in the Palouse country
to Seattle and Tacoma over the OregOL-
Washiugton railroad this year. This
decision was announced by R. B. Miller,
traffic manager for the Harriman lines
in Washington and Oregon, a few days
ago. Mr. Miller HaiJ the railroad com
pany could not afford to make a reduced
rate with any profit to the company.
He says the rate of 13', to lo cents per
hundred to Portland ia not sufficient
profit to justify making a tariff that
would compel the company to haul the
wheat through Portland.
An announcement, however, has been
made by the 0.-W. R & N. of a reduc
tion in the apple rate from all points in
Oregon and Washington to points in
Canada on the Canadian Pacific Ry.
This new tariff not only reduces the
rate to old territory but opens up a
number of new points in territory of
Western Canada not quoted in the tariffs.
GRIST OF CITY PRISONERS.
Odd Sentence Puts 15 Vagrants on
Police Judge W. R. Neil was a busy
man last Friday when 13 prisoners were
brought to his office by the chief of
police. The men had been picked up
around the Inland terminal soon after a
box car had been broken open in the
yards. The prisoners were all convicted
of vagrancy and each was sentenced to
30 days in the county jail and to pay a
fine of $5. The jail sentence was sus
pended and the fine made payable after
harvest. The released prisoners lost no
time in turning their backs on Colfax.
Thresher Business Increases.
More threshers have been sold by
the local agency of the Gilbert Hunt
people to date than for the same per
iod of any other season in the his
tory of the business. The supply
business has also reached the high
The Wesleyan Guild of the M. E.
church will serve ice cream and cake in
the basement of the new church Satur
day afternoon and evening, July 29th.
Try Schlitz beer at Monahan "a.
CQLFAX GAZETTE, COLFAX, WASHINGTON, JOLY 28, 1911.
SUNSET ELECTION LEGAL
Judge Neil Files Opinion and
Judge Thomas Neill is in Pullman this
week on a short vacation. He will be
back Saturday to hold court. During
hia absence Attorney J. M. McCroskey
will act as conrt commissioner. Before
leaving the judge filed opinions in several
cases which have be»n under advisement.
The case of S. D Kinder and others
va. School District No. 126, Sunset,
arose over an election to vote on bond
ing the district for $12,000 to build a
It r«quires three-fifths majority to
carry the election. The election board
certified that there were 103 votes cast
of which GG were in favor of bonda and
37 against bonds. The plaintiffs sought
to eDj )in the issuance of the bonds on
the ground that the returns were not
correct, that as a fact 46 of the 103
voted against the bonds, which was four
more than necessary to defeat the issu
ance of bond*. Oj the trial 4G voters
swore that they voted against bonds.
The election officers swore that they cor
rectly canvassed and recorded the votes
as they were in the box when opened.
In the opinion hied Judge Neill says :
"The matter resolves itself down fo this
proposition: The plaintiSa ask the court
to 6et aside an election because nine
voters believe they voted Bonds 'No.
In view of our knowledge of the number
of mistakes that are made at every
election, and in view of the evidence on
the part of the plaintiff that at least
one elector voted contrary to what ehe
intended, and the evidence shows that
two more voted different from what they
say they voted and in view of the way
the ballots were prepared by tearing
them in two which contributed to the
liability of mistakes, to set aside the
election on such testimony would be an
arbitrary interference by the court in a
matter that the law and the constitution
has placed with the people, and would
be an exercise by the court of guardian
ship unwarranted by law, contrary to
public policy and a rt flection on the
system of popular government which no
court is warranted in making."
It is further stated that no fraud is
alleged or proven against the election
la the case of Johnson and others
against James and others, which in
volved the mental capacity of Mrp.
Acj'iline Strange of Odkeadale to make
a community agreement with her hup
baad Nathaniel L. Strange February 1,
1907. The plaintiffs who are children of
Mrc. Strange claimed that their mother
was not at that time mentally capable
of making the contract, having suffered
a stroke of paralysis a short time prior.
A large amount of property was in
volved. The court finda from the evi
dence that Mrs. Strange was mentally
capable of making the contract.
In the case of Schrock vs. MeKerzie
which was tried before a jury at the last
jury term, was up on a motion for a
n?w trial on the grounds that the ver
dict is against the law. A new trial has
in the case of Clark ye. Ford which
was a controversy over the ownership of
a strip of land containing 3 71 acres
lying between a county road and the
line of the government survey which has
been farmed by the defendant and her
grantors for more than ten years. It is
held that the defendant is the owner o
this land by adverse possession for more
than ten years.
Bert Crampton started his coin
bine yesterday. A few other ma
chines will be in the fields this week
and the real harvest will be on in
earnest next week.
Ridgeway Theatre, good picture and
a big priz3.
Never leave home on a journey with
out a bottle of Chamberlain's Colic,
Cholera and Diarrhoea Remedy. It is
almost certain to be needed and cannot
be obtained when on board the cars or
steamships. For sale by all dealers.
Kill More Than Wild Beasts.
The number of people killed yearly by
wild beasts don't approach the vast
number killed by disease germs. No life
is safe from their attacks. They're in
air, water, dust, even food. But grand
protection is afforded by Electric Bit
ters, which destroy and expel these dead
ly disease germs from the Bystem. That's
why chills, fever and ague, all malarial
and many blood diseases yield promptly
to this wonderful blood purifier. Try
them, and enjoy the glorious health and
new strength they'll give you. Money
back, if not satisfied. Only 50c at all
I. W. HARPER'S superb flavor and
uniform quality have won recognition
all over the world. Four Gold Medals
awarded for merit. This perfect Whis
key is sold by J. C. Monaban.
Notice ia hereby given that the Board of
Equalization of Whitman county, will meet
at the court house in Colfax, Washington, on
Monday, August 7. 1911, for the transaction
of all business that would properly come be*
Dated July 12, 1911.
Geo. W. Walter, Assessor.
For plumbing, material and supplies,
call on J. B. Brown. Phone Red 1521
Shirkey k Glaser, graduate opticians.
A Peak Into His Pocket
would show the box of Bocklen's Ar
nica Salve that E. 8. Loper, a carpenter,
of Manila, N. V always carries "I
have never had a cut, wound, bruise or
sore it would not heal," he writes Great
est healer of burns, boils, scalds, chapped
hands and lips, fever pores, ekin erup
tions, eczema, corns and piles. 25c at
Scblite famous Milwaukee beer on
draught at Monnban's.
is the pleasure haunt in this part of the
country this summer. Its devotees re
joice to learn that they can now go and
come on a regular schednle, independent
of tides. The popular excursion steamer,
"T. J. POTTER"
leaves Portland, Ash Street dock,
Daily, Except Saturday and Sun
day, 8:80 A. M.
Saturdays Only, 1:00 P. M.
Also the steamer "HASSALO" leaving
Portland daily, except Sunday, at 8:00
P. M. (Saturday at 10:00 P. M.
FROM ALL POINTS IN THE NORTHWEST
Oregon-Washington Railroad &
Ideal cottage and camp life, a magnifi
cent beach that is not surpassed any
where, genial and beneficial climate, and
all the comforts of home without costing
any more than if you remained at home.
Call on or write to any 0.-W. R. & N.
agent for complete information; also for
copy of our summer book, "Oatings in
General Passenger Agent, 0.-W. R, & N,
Co., Portland, Ore.
FARMERS, ATTENTION !
We supply all kinds of
carefully investigated help.
Phone Main 1971
Box 262 Colfax, Wash.
We Are Out of the
High Rent District
Consequently we are
in a position to save
you money on any
thing you need in the
Wood or Coal
Let us hear from you
STANDARD LUMBER GO.
Phone Main 21.
A gum JMH^HMMfc SSm^&^^O^* ■ ■■■■mi iii a __^___ "
I^ ""'""" —'"1 '«—»•€——MXHUIHIWMI —IB »«
I The Whitman Implement Company
has had a first class sale on DEERING BINDERS AND
TWINE. We now have on hand one 12-foot Push Binder, two
18-foot Pull Binders and two Deering Headers. In order to clean
up we are prepared to make a price on these that will move them.
We also have a second hand Garr-Scott 18-horse engine and a 28
Gilbert Hunt Separator on which we will make a special low down
We are selling a 3$ inch half truck wagon for $100; 3 inch for $95;
2 3-4 inch for $90.
If you want anything in the spring work line such as HACKS and
LIGHT WAGONS, look them over and we will make you an at-
I tractive price.
I Whitman Implement Co. I
J Colfax, Washington I
I Schlitz I
I Famous I
I Milwaukee I
I Beer I
I OX DRAUGHT I
I Monahan's I
LAWN MOWERS GARDEN HOSE SCREENING
—== WIRE FENCINC =—===
All the necessary articles for the Lawn
and also for cleaning time
E. R. BARROLL
Crockery and China Hardware and Tinware
Headquarters for the Citizens of Whitman County and the
M. J. MALONEY, Proprietor
Olir Prices may not be the lowest, bat we guarantee every article
Tho Bar connected with the hotel carries a fine line of imported and
domestic Wines, Liquors and Oigars. When you get it at the Hotel
Oolfax you get the best produced in the markets of the world.
When you want to 6nd your friends, go to the Hotel Colfax, the recognized
headquarters for everybody.
BBAMWELL BROS, having acquired The
Gazette, the same prompt attention will
be given to Job Printing as has ftlwaya
been the rule. Send in your orders.