COUNCIL HAD BUSY SESSION
TRANSACTED GREAT AMOUNT OF BUSINESS AT REGULAR MEETING LAST NIGHT.
New Telephone Franchise Asked For —Office of Electrical Inspector Created.
The council was in session last night for nearly three hours and dsiposed of more business than has been wiped off the ctlendar in many months. All the councilmen were present except Councilman Kirkman. Mayor Hunt was also absent and by a unanimous vote Councilman McKean was chosen acting mayor during the executive's absense.
Street paving was one of the most imporant matters that came before the body for consideration and it was made very evident that the Warren Construction company is still in the field trying to work its schemes through the council and secure, if possible, a monopoly on the street paving in Walla Walla.
A petition was received from the property owners on East Main street objecting to the street ctr company placing plank between the rails of its line along that thoroughfare. The petitioners also demanded that the council refuse to pay the Warren Construction company for the work on the street until the street has been paved in compliance with the plans and specifications. The petition was granted and the street committee instructed to have the lumber that the street car company has piled in the street removed at once.
Electrical Inspector Appointed.
By the passing of two amending ordinances the work of electrical inspection in Walla Walla was taken out of the hands of the chief of the fire department and the office of electrical inspector created, applications for the new position were received from Fred R. Prince, R. E. Brackett and E. A. Newton. By a unanimous vote Brackett was appointed. He is to receive as compensation all the fees of the office up to $75 per month, all over that sum collected to go to the city. The fees for inspection were slightly changed.
Some of the Paving Accepted.
The street committee and city engineer having reported that the work had been completed in accordance with the contract, the following street paving districts were accepted: No. 7, Alder street from East street to Park Street; No. 10, Second street from Main to Mill creek; No. 11, Third street from Main to Mill creek bridge; No. 13, First street from Aldre street south to alley; No. 14, Second street from Alder south to the alley; No. 15, Third street from Alder south to Poplar.
New Telephone System.
Charles E. Sumner filed an application with the city council last night for a telephone franchise. The system is called the automatic, which it is claimed will do away with the central station. According to the ordinance that was read the second time and referred to the judiciary committee Sumner would be granted a franchise for 35 years. It provides for the commencement of work on the system within eight months from the time of the passage of the ordinance and for the completion of the same within three years. The city is to have the free use of a number of telephones, and after the first fieve years the city is to receive 1 per cent of the income of the system in paymetn for the franchise.
After the Automobiles.
An ordinance was introduced and passed to its second reading and then referred to the judiciary committee regulating the speed of all classes of vehicles in the city limits. The ordinance provides that no vehicle shall be run at a speed greater than eight miles per hour on any street, and not greater than four miles while passing street intersections.
For More Bulkheads.
The street committee recommended that Mill creek be bulkheaded on both sides from Third to Fourth streets and that an assessment district be craeted to pay for the same.
The bulkheading of Mill creek abutting on the Hill property near the new fire station was accepted and a warrant ordered drawn in favor of Joseph Knott, the contractor.
E. L. Brunton and others who are grading and improving Locust street between Catherine and First at their own expense were granted the free use of the city roller.
No More Bicycle Police.
The council decided last night that there was no further use for a bicycle policeman and Chief Brown will discharge W. A. Henderson. The policeman presented a bill for $80 in payment of services rendered last month. The finance committee held it up and referred it to the council for consideration. Chief Brown reported that the policeman had induced enough people to take out bicycle licenses to pay the salary.
Mayor Hunt and City Engineer Wilson were granted leave of absence for several weeks.
The plat of Menlo Park addition to the city was presented by Joseph Tachi and approved.
The matter of removing hay scales in streets where it was proposed to pave was referred to the street committee.
Mrs. John B. Catron, treasurer of the Walla Walla hostess at the Lewis and Clark exposition, submitted a report showing that $261.54 had been returned out of the $1000 appropriation by the council.
City Clerk Reynolds submitted a report of the amount of money that had been expended in local improvement district No. 1.
The city clerk was instructed to draw warrants for the sum of $7,667.50 to pay for semi-annual interest on the water and sewer bonds.
Deeds conveying property for the opening of Seventh street from Elm to Paine and Paine from Sixth to Eighth by Mrs. Celia Buckley and Miss Mary E. Dacres, were accepted by the council.
The license inspector reported that the liquor licenses of George McWhirk, Louis Grossmiller and A. Bischoff would expire in November.
SLAPPED BROTHER'S FACE
MRS. GRACE BOLT CREATED SENSATION IN COURT LAST NIGHT.
Was Giving Demonstration of How She Was Treated When She Lost Her Temper.
While giving Judge Huffman a realistic demonstration of how her brother, Dave Maple, is alleged to have assaulted her, Mrs. Grace Bolt, the complaining witness against Maple and her husband, Charles Bolt, on trial last evening on a charge of assault and battery, lost her temper and dealt Maple three stinging blows in the face before Constable Peterson could interfere and prevent any further trouble. The exciting incident occurred after Judge Huffman had dismissed the case. Both men in their testimony had made some severe allegations against Mrs. Bolt and she was smarting with anger.
"Judge, I swear to God that Maple choked me," Mrs. Bolt dramatictlly declared. "I just want to show you what he done."
Springing from her seat in front of the judicial desk, Mrs. Bolt walked up to where Mr. Maple was seated and grasping him firmly by the shoulders she gave him several severe jerks. Before Mr. Maple or anybody in the court room knew what was coming, Mrs. Bolt followed the jerks up with three stinging blows in the face that dazed Maple for a second.
"Hey there! Stop that!" yelled Constable Peterson, scrambling out of his chair and rushing around to the woman and pulling her away from her brother. "You just set down there and be good," the constable said, pushing Mrs. Bolt to her seat.
"What more evidence do you want to declare that woman insane," Maple asked Judge Huffman, rubbing his smarting cheeks where Mrs. Bolt's fists had landed. Mrs. Bolt sat straight up in her chair and launched forth in a tirade against the two men until warned to desist by Judge Hoffman.
There Was No Assault
The charge of assault and battery which Mrs. Bolt brought against Mr. Maple and her husband fell flat when Charles Taylor, a livery stable man testified that Maple had only grasped his sister by the arms. The incident took place in Alder street in front of Mr. Taylor's barn. He said that Mrs. Bolt seemed greatly excited and did much talking. Afterward Bolt had taken hold of his wife's arm and pushed her along the street. He did not know what precipittted the row.
Mr. Maple and Bolt testified to substantially the same thing although Bolt's testimony was intersposed by dramatic recitals of his domestic recitals of his domsetic troubles terminating a few dtys ago in Mrs. Bolt leaving home and spiriting away their oldest child a boy of six years.
Bolt became so excited that it required the efforts of both Mr. Maple and Judge Huffman to get him quieted down. While he was testifying Mrs. Bolt would frequently interrupt him by bringing up something that happened when they lived in Rossland. She kept continually referring to the time that Bolt was in custody of the police for abusing her. This allegation Bolt indignantly denied.
In discharging the defendants Judge Huffman took occasion to roundly score Bolt and his wife, declaring that if they could not get along it would be far better for them to be divorced and have their five children placed where they could be properly taken care of. Bolt said he always provided his wife and children with the necessities of life. His statements were substtntiated by Mr. Maple, who declared that his sister was continually disgracing the family by her actions.
ANOTHER SCHEME DEFEATED
COUNCIL REFERS BITULITHIC ORDINANCES TO JUDICIARY COMMITTEE.
Bridges, Martin and Bachtold Stand for Fair Play and Clear Field —Blandford's Opinion.
Another attempt was made at last night's council meeting to railroad through ordinances providing for the paving of North Fourth, Elm and Spokane streets with bitulithic without advertising for bids for different kind of pavements but the plan was defeated by Councilmen Bridges, Martin and Bachtold voting to refer the two ordinances to the judiciary committee for further consideration before taking them up for final passage. The ordinances submitted last night were exactly the same as the two vetoed by Mayor Hunt at last Wednesday night's meeting.
The Spokane street ordinance was the first one taken up and after it had passed its first reading, Cox moved that it go to its second reading by title. Councilman Bridges demurred to this procedure stating that the two ordinances were the same as those introduced before. He made another motion that they be referred to the judiciary committee. "I believe the ocuncil will find it more satisfactory if bids on followed as in paving other districts, vertised for," Bridges declared. "I believe the same procedure should be followed as in paving other distrcts. I am in favor of competition, be it either street paving or any other city work. The whole matter should be left to the property owners. If they decide on bitulithic then I am in ftvor of giving the contract to the Warren people."
Glasford declared that the whole matter had been threshed over and there was no need of discussing the matter any further. Cox said that if these streets were to be paved before winter set in that the council should get the paving matter settled pretty soon. Glasford has asked that an opinion rendered by Corporation Counsel Blandford be read and Acting Mayor McKean so directed. Following the reading of the opinion, Bridges' motion thtt the ordinances be referred to the judiciary committee was voted on resulting in Bridges, Martin and Bachtold voting aye and Cox and Glasford nay. The North Fourth and Elm street ordinance was also referred to the judiciary committee.
City Attorney Blandford's opinion in the material part is as follows: "There is nothing in the charter which makes it necessary for bids to be called for in making street improvements; neither is there any state statue making it obligatory on the city in such cases to advertise for bids.
"Under the chapter of the charter relating to assessment districts, we have a provision in section 77 relating to bids. This leaves the question of bids entirely to the discretion of the council, which can call for them or not, as it decides. If it call for bids then certain provisions in it be observed, as set forth * * *
"In reference to the opinion rendered by Sharpstein tnd Sharpstein Attorney Blandford says:
"This opinion raises three questions:
"First—Whether the city of Walla Walla can advertise for bids for entirely different kinds of pavement?
Second—Whether the city of Walla Walla can tdvertise for bids for just one kind of patented pavement?
Third—Whether, in meaking street improvements, it is necessary for the city to advertise for bids at all?
"In answer to question No. 1, I answer. No. The improvement, if the cost does not exceed the benefits to the lot owners in the district, is within the discretion of the council, which can exercise its discretion, subject only to the control of the courts if the council abuses its discretion.
"As to question No. 2, whether it is lawful for the council to advertise for bids for just one kind of patented pavement I answer:
"If the patented pavement is one which only one man has and exercises control of, it would be absurd for the council to ask for bids; if it were one which had a recognized figure for a royalty, which any one could buy by paying the amount of the royalty, then the council can advertise for bids for such pavement because such condition does not preclude competition; but in any case the question will, under our charter, be governed by the ordinance creating the assessment district, and prescribing the duties of the officers of the council who tre required to ask for bids.
"With reference to the first question and the main question in this case, I answer:
"THe opinion of Sharpstein & Sharpstein says that the question submitted is whether the city can advertise for more than one kind of pavement to be used in any particular improvement district? I assume thtt this means whether the city can advertise for bids for more than one kind of pavement, etc., and the conclusion reached is: "The weight of authority against the validity of the ordinance submitted is so great that there seems but little question as to its illegality on the general proposition that such action stifles competition.'
Sharpstein & Sharpstein cited a number of authoriti8es in their written opinion submitted to the council last week and these Mr. Blandford takes up and discussed, saying in conclusion:
"All these cases are very old, were decided between 1868 and 1875, and they prove only one thing—that long ago the courts finally decided the question, that when a municipal body was controlled by statute or charter, they must act under such control, and in no other way. In matters left to their discretion, subject only to the control of the courts, they are free to exercise their discretion."
BIRTHS EXCEED DEATHS
AUDITOR HONEYCUTT ISSUED REPORT OF VITAL STATSTICS YESTERDAY.
Only One Death From Infectious Diseases During Last Quarter—Consumption Claimed Three.
Forty-eight deaths, 55 marriages and 103 births occurred in Walla Walla county during July, August and September, according to the vital statistic records for the last quarter, prepared today by Auditor Honeycutt, and which will be forwarded to the state board of health tomorrow. Deaths occurred from the following causes: Heart disease, 4; drowning, 2; congestion of lungs, 1; peritonitis, 1, poison, 3; cancer, 3; perforation, of bowels, 1; riabetes, 1; tuberculosis, 3; senile decay, 1; premature birth, 2; pneumonia, 3; septicemenia, 2; chronic nephritis, 1; inanition, 1; typhoid, 7; appendicitis, 2; cholera infantum, 1; diphtheria, 1; hardening of the liver, 1; 2; hefatic carciuome, 1; hemorrhage, 3; paralysis, 1; gtngrene of bowels, 1; diptheria, 1; hardening of liver, 1; locomoter ataxia, 1; brain fever, 1; suicide, 1; marasmus, 1; eupyema, 1.
Of the deaths 39 were males and 28 females and 38 were native Americtns. Twenty-eight were single, 24 were married, two were widowers, three widows and one not reported. Ten were under one year of age; two between the years of one and ten; two between 10 and 20; seven between 20 and 30; six between 30 and 40; nine between 40 and 50; six between 50 and 6$; five between 60 tnd 70; six between 70 and 80; two between 80 and 90, and one over 90.
September Bridge Month
During the month of September there were almost as many weddings as during July and August. The records were as follows: July, 13; August, 15 and September, 25. Two returns were made for May and June. Out of the 55 grooms, 45 were native Americans and 46 out of the 55 brides were Americans. Eighteen brides were between the age of 16 and 20 years; 37 grooms between 20 and 30; 29 brides were between the same ages; 13 grooms were between the ages of 30 and 40, and 5 brides were between the same ages. Only three grooms and one bride were between 40 and 50 years of age, and two brides and two grooms between 50 and 60.
Males in the Lead.
Of the 103 births reported during three months, 55 were males and 48 females, all being white. There was one set of triplets born, one being a male and two females. There were two illegitimate births, one male and one female.
BLUE AND GOLD CONFIDENT
SATURDAY'S FOOTBALL HAS INFUSED NEW LIFE INTO THE SITUATION.
Moleskin Artists at Whitman Would Like to Tackle the University at Oregon Team.
The game of football at Seattle Saturday has infused new life into the football situation at Whitman. The first team did not practice yesterday afternoon but the second aggregation of moleskin artists were taught many foxy tricks by Coach Smith, so that they could show the Varsity a good time later on. Walter Brown will captain the second team this year. The first brush will be between this eleven and COlumbia college, which comes up here Saturday from Milton to try conclusions with the blue and gold on Ankeny field.
Whitman Not Afraid.
The boys are much wrought up over a faked story in a Seattle paper to the effect that Whitman was afraid to play Willamette university. As a matter of fact Willtmette has made no overtures for a game this year. Whitman players are now dead anxious to try conclusions with the Oregonians on the gridiron. They realize that the Webfootters have a fine team but they believe thtt if Whitman could meet them in Walla Walla they would put up a mighty interesting game for them.
The next game scheduled is with the University of Idaho at Moscow early next month.
Results of Initiation
Some peculiar things have been seen about Whitman campus this week as the result of the initiation of new members into one of the girls' societies Saturday night. Those crossing the campus late that night were mystified by the strange tricks of a bunch of co-eds flitting about the college lawn, in ways "that were strange." The center of the "ghost dance" seemed to be two blindfolded victims, whose antics were so mysterious as to defy description. The funny features were evidently not all completed Saturday, however, for this week one fair neophyte is sentenced to go a whole day with one shoe black and one shoe tan, while another new member replies to every question asked her by any teacher: "I am so nervous; only this and nothing more."