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voi xxix. GRANTS PASS JOSEPHINE ( 01 XTV, OKF.GON. FRIDAY, SEPTEMllEtt 5. WIS. NO. 21. 1 A FOUR INDICTED BY GUANO JURY 1SODV COMPLETES WORK AXI MAKES FINAL REPORT. RETURNS 3 NOT TRUE BILLS Indict One for Perjury, Oue for llur glary and Anotlier for Black, mailing Resident of Hugo. The Josephine county grand Jury, which has just adjourned, turned In true bills against Chas. and Ever ett Hogue, the former on a charge of perjury and the latter on a charge of inciting perjury. Ball was placed at 5500 each, which will be supplied, and their case vlll be brought at the regular September term of court, which convenes on Monday. A true bill was brought against Lewis Humphrey on ' a charge of burglary, to which he plead guilty. Bail was placed at $500 and In the absence of that amount he will re main in the county jail awaiting trial next week. A true bill was also brought against Geo. McCormack of Hugo on a charge of Blackmail. Judge Calkins was In the city the fore part of the week finishing the business of the adjourned April term, consisting of a number of equity cases. In the Circuit Court of the State of Oregon, for Josephine County. To Hon. F. M. Calkins, Circuit Judge We, your grand jury, met In ad journed session on the 2nd day of September, and have inquired into all cases brought to our attention, and have returned into court four true bills and three not true bills. Having examined the county home and different county offices at our last session, and having found the same in satisfactory condition we did not deem it necessary to make fur ther examination at this time. Having completed all work be fore we make this, our final report. Dated at Grants Pass, Oregon, September 3, 1913. A. J. K LOCKER, Foreman. IT. F. YOUNG. M. JORDAN. C. K. WOOLrOLK. N. SNOW, W. R. WHIPPLE. W TI. POLLOCK. ALMEDA MINING CO. INSTALLS MOTOR TRUCK t hi oin Tuesday's Daily.) E. N. Howe, of the White com pany, manufacturers of motor cars and motor trucks is in the city to day, coming from .Merlin to Grants Pass, especially, he says, to make favorable comment of the good con dition of the Josephine county roads. He spoke enthusiastically of the mountain road commending the en gineering skill and the road work. Mr. Howe came to Merlin to put in commission a 5-ton motor truck which will be unloaded Wednesday morning for use for hauling for the Almeda mine, taking coke to the mine and copper matte or ore from the mine to the railroad at Merlin. For the present but one round trip a day will be made. It is the iiren tion of the receiver of the Almeda to add more trucks as the necessities require or a9 the output will admit. Mr. Howe was accompanied by Mrs. Howe. Mrs. E. W. Hill, wife of the manager of the White companv. and Miss Wilmore. and they have had a most pleasant trip throuehi'it. They will probably drive n:t to ?p). ma before returning to Portland Miss Helen Hershoy of ?".n D!- " stepped off In Grants Pn Wedne-lr- right to visit MI Rut! V- Miss Horshev Is on her war to Kansas City. ROGUE VALLEY BUTTER A WOW ON MARKET Rogue Valley creamery butter is low for sale in the local market, the big churn nt the factory having coiu iuiKd ilia working out ot its des tiny Thursday of last week, when the first cream collected on that day, amounting to SOU pounds, released 350 pounds ot the golden nuggets. This collection of cream for the first day was considered satisfactory, al though all the route that It Is pro posed to cover was not gotten over. The farmers along the routes are taking a lively Interest in the estab lishment of the creamery, and now thai it Is ready to take their cream they promise to add to their herds. The first churning was taken out of the churn at about six o'clock, thirty minutes being required to "bring" the butter. A good many visitors witnessed the first operation of the new enterprise, and all were full of praise and commendation for the efficient manner in which the creamery was conducted, especially the cleanliness demanded In every operation In the butter-making pro cess, and the care exercised by Man ager Dates and his white robed as sistants. Mr. Weissenflush, the but termaker, showed that he was not a novice, and the many who tasted the first product of the creamery pro ,uo u need it of the best possible qual ity. ! The butter was done up in one and : two pound bricks, and these were then packed in boxes containing fifty pounds each. The butter wrappers are attractive, a view taken of the Leonard Orchard Co.'s dairy herd being engraved on one side of the wrapper. This view shows a dozen of the thoroughbred Holsteins re cently brought here from Wisconsin grazing on the flat floor of the val ley on the old Penn-Oregon ranch, with the Rogue hills for a back ground. Surrounding the view are the words "Rogue Valley Creamery Butter." The butter will be Bold only at wholesale, but it is expected that ev ery store In town will carry It for the retail trade. M M CONN CROP IS IN" FINE I'OXDITIOX W. T. Miller, of tliu Ashland brooiu lactory, was iu llie city Saturday looking alter uis trade, and inspect ing the crop ut bloom cam iliui is j growing ui tnio vicinity, imriy lour acres of the product are being ! raised by local fanners this season under coutrai t with Mr. .Miller, and he was enthusiastic over its condi tion and quality. He said the yield was the very best, and samples he had showed it to be of extraordin arily long and tough fibre. .The har vest of the crop w ill nut be on here for some days yet, the planting hav ing been delayed till late, and Mr. Miller will bring his baling machine here to prepare the broom for ship ment as soon as It Is ready to cut. Those who have grown the crop this season are Roy Lathrop, 14 acres; G. S. Eaton, 10 acres, and H. T. Pritehard and W. W. Canby, 5 acres each. WATEKSPOIT SINKS S. S. NERRASIvA L l ( II. Newport News, Va., Sept. 3. Three petty officers and five sailors tf the battleship Nebraska were drowned today by a waterspout when a hurricane swept Hampton Roads. The men were In a launch tn their way to shore when the ton' was struck by the water spout hid Instantly sank. The Nebraska was anchored off Fortress Monroe when the hurricane stru-k. The storm damaged the wireless station and as rough seas prcven'ed small hoa's eolng out to the warship, the names of the dead have not been learned, j It Is reported here that the Old Dominion sldewheel fteamer Mob.leck sank In the storm npar the rr.cu?h of j 'he York river hut this has not been i confirmed. The Mob'eck carrlej a irrew of eleht and is reported to have jalso had some passensers on board, i The wind caused ereat dir-H?" j t hro'icho"t all X.'.t sec-inn o' the I i'3'e NEW ELECTION TO VALIDATE DONDS SfPREME COUtT DECIDES CASE AGAINST CITV. MUST AMEND THE CHARTER Decree Was Rased ou Provision Which Prohibited Ilondlug for Work Outside Municipality. A new election will Im re quired to validate the Grants Pass bond Issue of (200,000 vot ed last Devemoor for the purpose of constructing a railroad to the Applegate valley. This was made certain today when the state supreme court reversed the lower court, and held that the issue was not regular, and that the charter would have to le amended to make it so. The decision was based on the city charter whim the court holds forbid bonding to build a railroad outside the city limits, but it is held that under the law passed by the last session of the legislature the city can amend Its charter and hy holding a new election vote londs that are valid. Chairman Gllkoy of the Pub lic I tilities Commission, stat ed this afternoon that It was evident to him from the word ing of the bulletins received from Salem that the defects were, not serious and that the only effect of (ho adverse divis ion of the supreme court would he to delay the work on the municipally owned portion of the railroad. He said that the commission would he called to uethi'f (his evening or Wednes day morning, and action taken to remedy the defect at the earl iest Kssililo moment. At the time of the voting of (lie bonding last December there were many who questioned the legality of the point upon which the supremo court has decided against the city, though others considered that the action of the legislature in passing the bill last February permitting cities to ImmkI for building rail toads outside the city limits would cure (bo defect. It Is evident, however, that the court based its decision upon the city's charter, and that before (lie bonds can he legali.ed the charter must he amended by vote of the people, and a new vote taken upon the bonding proposition. It Is iltolieved that this can ho done at a single elec tion, and that (he election can ho had thirty days after it is called hy the city council. Chairman fiilkey said that he had not. investigated (bis phase of the question, imt that he thought not more than f(0 days would Im' required to remedy the defects and make the bond is sue available. The deel-lon of the court was rendered this afternoon, and the bulletin to (ho Courier an nouncing the fact read a fol lows: Salem. Sept. 2. The su premo court today handed down hut one opinion, and that was as to the legality of the Issuing of bonds by (ho city of Grants Pass, for (ho construction of a railroad. The court reversed (ho lower court, nnd held (be city had no right to Issue the IkhmN. The decision was based on the charter which forbid bond ing to d work outldo the city limit-. I'nder (bo law of 1013 (he thy can amend the ihvrter ami then tote Itnnd. ! Salem. Or., Sept. 3.- The state I supreme court today, in the suit of IS. H R!k?s against the City of Grants Pass, in an opinion rende:ed by Jus tice Eakln, held that the defendant could not issue bonds with which to build a steam railroad ouslde the city. Last December the city voted to Issue $200,000 bonds for building a railroad to connect with another having its terminus in Crescent City, Cal. Mr. Riggs, a property owner, filed suit to enjoin the issuing ot the bonds, and the city was sustained by the Circuit Court. In reversing the opinion the supreme court holds that under the old taw a municipality cannot issue bonds with which to do work outside ot its limits. It Is held that before doing such work a municipality would have to obtain permission through the passage of bills by the legislature. A bill was passed at the last ses sion of the legislature which gives municipalities the right to Issue bonds for work outside of the cities, and Justice Eakln said tonight that Grants Pass, If the people so willed under the new law, could amend Its charter so as to make the 1200,000 bond Issue legal. The bond elec tion .in December was held under the old law. The opinion calls attention to two similar cases, the most important be- In? the Tillamook port suit, which was decided against the city. The charter of Grants l'ass pro vides that $S0,U0U should be the maximum bond issue, and the court held that the residents could now amend the charter so as to provide for the proposed $200,000 issue. Tb.3 opinion iu part follows: This is a suit to restrain the City of Grunts l'ass from issuing and sell ing bonds of the city and from ex pending any money or Incurring debts to purchase right of way or building, owning or operating a rail road either within or without the city. An amendment to the city charter, known as section 93 A, pro vides the common council shall have authority and power and Is hereby granted authority and power to In cur Indebtedness und pledge the credit of the city for the sum of $200,000, in addition to other In debtedness of tho city now outstand ing for general municipal purposes In building bridges, roads or electric or steam roads or tramways within or without the City of Grants Pass, in Josephine County, Oregon; to buy and hold real estate for municipal purposes. An ordinance passed by tho city provided for the Issuing of these bonds. The questions considered by the court are: The power of the city to amend its charter authorizing tho council to bond the city to the amount of $200, 000 for the purpose of building a railroad to u neighboring city for profit and whether the act of the leg islature of February 27, 1913, au thoiizing incorporated cities to build, own and operate railroads, operated to give validity to said charter amendment. The court holds: A municipality cannot amend Its charter to confer Itself power or au thority beyond what Is properly municipal or governmental. The power of the legislature Is unlimited when not restricted by the constitu tion, but such power does not extend to a city except as granted by the state. Section 2, or section 1 A, article 4, of the constitution does not confer such power. The rights there given are municipal. The effect of adding section 93 A to the charter was an attempt to Ignore the state authority and to assume sovereign rights. Furthermore, such an amend ment was only an attempt to en large the powers of a city In addi tion to those conferred In section 93 and not an attempt to legislate. We cannot recognize the attempt ed charter amendment as It was be yond the power of the city to as sume to Itself sovereign power that rest? exclusively In the utato. De fendants Insist that the legislative act of lftl3 gives validity to the charter amendment of December, 1912. but It ran have no retrospc tivo effect. It does not operate as an amendment of the city charter, I 'it charters may he amended to take advantage of powers granted. The attempted amendment of the 'Mr'T w,t unauthorbed when adopted and the leelslatlve art eniMd 7iv I' r.Q valldPy. Neither It (ContlnueJ ou lax L" -'it WANT THE COUNTY ROADS IMPROVED LOCAL ASSOCIATION' MARLS PLEA TO COMMISSIONERS. FOR HIGHWAY TO FRISCO liood Koada llouoter Would Turn Tourkbt Travel Over the Cres cent Clty-Coaat Itoute. The executive committee ot the Josephine Good Koada association, appeared before the county court Thursday morulug relative to road work that is necessary and which should be doue before the rainy sea son begins. The committee had in Its posses sion a list ot the roads of the county, their location, estimates as to the cost of graveling or rock-surfacing these roads, etc., and made a ploa to the county court and the county commissioners to have this work done at once. There have been gruded several miles of roadway In the county, nnd the association claims that unless this road that has been graded Is lm-, mediately graveled or hard surfaced, placing the snme In proper condition before the rainy season, these roads will become Impassable during the winter and the many miles of good roads already constructed would in many cases be made useless. The stretches of graded road which the association complains of lies In the Kerhy, Holland. Slate Creek, Won der, Williams. Merlin nnd Onllce dls- tibts. Itv figures given to the commis sioners It was shown that If this work was done this fall, It would bo of a permanent and lasting nature and would make the roads all over toe county 23 per cent better than they have ever been. It will mean humluds of dollars saved to the peo ple of tho county In hnullng freight, supplies, etc., during the coming winter. It will also mean that tho roads of Josephine county will be ready for the summer traffic nnd travel at a much earlier period than If this work had to be done next spring. The es timate given tho committee by the roue! overseer amounts to $S,G0O.00, but the committee feels that to halt way repair tho roads would be an in justice to the people of tho county and they have asked the county commissioners to increase tills amount to $12,UUU.UU, for then the work could be done in a proper manner, and in a mauuer that will make it lasting. They ciuim mat the object of the Josephine County Good Koads association, is the build ing of permanent roads, and that the money that they are now asking to be be expended on the county roads, will be expended iu making perma nent roads and this work will not have to be done over, In the future. Home three months ago the coun ty court ordered signs made and placed on the Grants Pass, CreBcent City road to the county line. The Good Koads association has also asked the county court to pay for tho making nnd painting of 150 signs marked "(Irnnts Pass, San Francisco Highway," with an arrow pointing toward Grants Pass and an arrow pointing toward San FranelHeo. This skn the association proposed to have placed along the coast route from Grants l'ass through Crescent City, 1'iireka, Santa Rosa, to San Fran i Isi o. California. The. association claim that they can have all the sIkiis made that will be necessary, Including signs to the Josephine county caves by way of the Sii'ker Creek route for $100 00. A Kiumle of the hIku of tho Grants Pas, San Francisco Highway was shown the commissioner and receiv ed very favorable comment. The letters are black over lllumlnuin back ground, which makes an ex tremely noat dlgn, the arrows point ing to San Francisco and to Grants Pass are In red. ROUGH AND READY DIST. FOR HOMESTEADERS A letter uudar date of Aug. 4 9 IB, wrlttuu by C. J. Buck, luslsunt dis trict forester, and just received by li. U. Heudricks ot this city, an nounced the success ot Mr. Hendrtck and others who have been Interested in the opening to settlement ot lands In the Rough and Ready country OA the west branch ot the Illinois rlvtr. This land, some 900 acres la all, U Included In the Siskiyou forest re serve, and applications have ba made tor its settlement under tat homestead law. The cause ot thee applicants was taken up to the de partment and Air. Buck recently vl ited this city and the reserve to In spect the land, and hit report now la favorable to the opening of the tract to settlement. Under the application ot the land law regarding agricultur al lands In forest reserves, the appli cants will have sixty days In which to complete their filings on the land after It Is once open to entry, but it at the expiration of that time the fil ing has not been completed, It can be homestended hy others. Application! are already on fllo for all the land to be opened. W. P. COUNTS SUCCEEDS . COUNCILMAN CLARK W. P. Couuts, feed and 'grain mer chant, succeeds 11. J., Clark as coun cilman from the third ward ot the city of Grants l'ass, the continued abseuce ot Mr. Clark having caused the council to declare the of lice va caut, the election of Mr. Counts fol lowing by unanimous vote of the Boveu counuilmeu proseut. Mr. Clark was given a sixty day leave of ab sence last May, the leave having ex pired July asth. The charter pro vides that when a couucilmau Is ab sent three times wlthoutTeave the of lice can bo declared vacant, and at tho three meetings hnd passed since tlie expiration of the leave, tho council adopted a resolution declar ing the vacancy. Announcement was made by Councilman Everton, however, that Mr. Clark had an nounced In a letter to him that he would not return to resume the of fice. Tho nomination of Mr. Counta was the only one miido for the unex pired term of Mr. Clark, and he was given the unanimous vote of tho sev en members. On tho election of Mr. Counts the mayor announced that Mr. Clark hnd held membership on but one committee, he having given him hut tho single place owing to the fact that ho had considered tho scrap ping third warder n maker of trouble, and bo suggested that other council men who were long on committee places might, divide up with the new member. Clark's office would have expired this fall. Public I initios Commission Reports. The public utilities commission reported Its audit of bills for the last half of AugiiHt, and they were duly ordered paid by tho council. Tho bills Included those for grading ou the railroud right-of-way, und for engineering und muteriuls. An ordinance was introduced by Councilman Kverton to repeal the ordinance that had established the public utilities commission, ho main taining that the decision of the su preme court had made the commis sion a body unwarranted by law. The mayor explained that the commis sion bail authority under tho ordi nance to supervise and control other utilities than the railroad, and that It was properly constituted. Mr. Kverton tried to net Immediate no tion on bis ordinance, but. was unable to get It imst second reading, and It will come up for final action at the next meeting, Propose Settlement of last A Street Improvement. A communication was rend from property holders along Kant A street rogardliiir settlement of 'he claim of the city for tho Improvement of that street. The communication was re ferred to tho street committee for report back to tho council, Tho council nd)ourned to meet with the public utilities commission this evening when the railroad sit uation will bo considered.