The Corvallis times. (Corvallis, Or.) 1888-1909, 1905-11-21
ELEVEN ARRESTED.
For Digging in Streets-Water Com
pany and City at Loggerheads.

The question of whether or not
the Corvallis Water Company has
a right to make excavations in the
streets of Corvallis for the purpose!
of laying new water mains and
making extenions. is in the courts.
Eleven local working men are un
der arrest for working on the exca-
vations after they had been notified
by the city authorities not to do so.
They are, John c. Young, w. A.
Potts. A. B. Alexander, H. B.
Spradling, Thomas Langley, T. j.
earns, James Peters, George c.
Dlckey, David Mahagy. Estel
Wilson and Fred Callahan. They
were arrested Monday afternoon by
Chief Lane, and were arraigned be-
fore Police Judge Yates at nine
O'Clock this morning, DR.. FarTa
appeared with them and said that
he would give any necessary bonds,
The question of when and how they
should be tried came up, and speak
ing for himself, Asa Alexander
said he was ready for trial now and
that he did not want any jury. An
other man said he was in the same
boat, and would trust his case to
the court.
City Attorney Bryson suggested
that no steps for trial ought to be
taken until the arrival of the Wat
er Company attorney, and advised
a postponement until his arrival.
This advice was taken, and tomor-
row morning at nine o'clock was
set for the trial of the cases. City
Attorney Bryson, during the pro-
ceedings, suggested that it was pro-
bable that after consultation, the
attorneys could enter into such stlp-
ulations that the trial of but one
case would be necessary, and that
in the single case thus tried the
whole issue could be presented to
the court. Mr.. Bryson also Motif
ed DR.. Farra and the men that
4 every man who attempted to work
would be promptly arrested.
Apparently, the two sides to the
controversy are III for battle On
the one side is Mr.. Bryson, repre-
senting the mayor and city council,
and on the other. w. E. Yates and
the Corvallis Water Company. The
. extensions of the mains by the com
pany began two weeks ago wher
, digging commenced at the first
Methodist church. A trench three
feet deep was opened westward to
Eighth and thence southwark to
Adams. Meantime the mayor anc
city council raised the question o1
) the right of the company to make
: extensions, under the circumstances
/ The matter was referred to City
Attorney Bryson, and the opinion
+ of that officer is that the work is il
legal, and cannot be pursued with
/ out the consent of the city govern.
/ ment. This, consent, in view O
t the fact that the city is building it!
f own water works, and that tht
: present extensions are presumably
5 for the purpose of competing will
: the city itself, causes the authorit
| les to doubt the advisability of per
f 1nitting the work to go ahead.
The first move by che city TO
: stopping the work transpired Sat
| urdav morning, when Chief Lane
E acting under the instructions o
S City Attorney Bryson notified tht
l men to stop. DR.. Farra was als'
+ notified, and he told the men /,
t quit Sunday, the Water Com
pany's attorney, ", E. Yates, ar
r rived from Vancouver, and Monda,
t morning operations were renewed
t with largely increased force O
2 inen, During the forenoon, the,
b were all notified by Chief Ian
: that if they continued to work the,
would be arrested, bit they wen
+ ahead with the digging until short
0 ly after dinner when all were take
t into custody with the result relatet
: above. When arrested, the mel
+ were working in a trench that be
: gins at the corner near John Hay
r residence and runs westward.
+ The controversy with the Wate
: Company was discussed at 1engt
r at meeting of the city counc
e Monday night. There was a gen
d eral expression of views by mem
+ bers, and it was determined tha
e the city government would stan
r by its officers and fight the matte
f to a finish.
II 1t is understood that City Atto1
: ney Bryson offers to make a tes
5, case of one of the eleven men al
r rested, provided the company vii
:, stipulate for a postponement Of OF
S erations until the matter can be de
/, cided, all the rest of the cases t
e be dismissed. Or, if the compan
IS wishes to try the issue on its clair
i that the Pitman franchise still hold
o and that it was perpetual fran
It chise for the use Of the streets {
# the town, Mr.. Biyson will disfnis
e all the cases and let the compan
It bring mandamus proceedings t
It compel the superintendent Of street
- fn icc11a n roor,,,14 f1- 41,o ,oor,oox,a+;o.-