Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-09-16
WHAT Is ARBITRATION FoR7

A special election Will be held Ill
Dallas next Monday to vote on pro-
posed amendment to the city charter
giving the council power to prescribe
the kind of improvements to be made
in covering the mill race which runs
through the city and in confining the
width Of the ditch to a given number
of feet at all points where 1T runs
in or across a street, and providing
that the expense of such repairs or
improvements shall be paid by the
owners of the ditch.
The mill race question is an Old one
in Dallas and it is probable that a
great majority of the Observers read
ers are thoroughly familiar with con-
ditions as they exist. For this rea-
son, we shall not enter into details OF
the plan as set forth by the council,
as this information has already been
furnished to every voter in the city
through the medium of election pam
phlets containing complete text OF
the proposed amendment.
The question to be considered here
is whether it would be right to give
the city officers power and authority
which might be used at some future
time by a recklessly-eXtravagant or
unfriendly council in depressing and
harrassing two valuable industries Of
the city. 1t is further proper to con-
slider at this time whether the present
council is keeping faith with the own
ers of the mill race in seeking to evade
the arbitration of two years ago, at
which time both the city and the race
owners agreed to submit the question
to competent and disinterested arbi-
ters and to abide by the decision of
the men so chosen.
II will be remembered that in the
Summer of 1908, the city council de-
sired to improve Main street by cover
ing it with crushed rock and by COW
ering the race, where it crossed the
street, with concrete arch. The race
company, objecting to such an expen-
sive method of confning the waters of
its ditch, was not willing to pay the
entire cost of the improvement. The
council was not sure of its power to
force the improvement at the com
pany's expense, and it was finally
agreed to submit the question Of liza
bility for the cost TO a board Of ar.
bitration for an opinion which should
be definite and binding for all time.
Three men, all competent attorneys
were chosen as arbitrators. The coun-
ell chose Oscar Hayter, of this city;
the race company selected John
Bayne, Of Salem, and these two at
torneys agreed upon w. T. Muir, OF
Portland, for the third member Of the
board.
These lawyers went into the ques-
ton in all of its details, and after
carefully considering local conditions
and thoroughly informing themselves
on the law bearing on the subject
rendered decision to the effect that
the race company could not be re
qnired to pay the cost Of any improve
ment further than one confning the
ditch TO the actual width necessary foi
a free and unobsiructed flow Of wa
ter. The council accepted the award
of the board and built the conduit
across the street.
Nothing has been heard Of the mat
ter since, and It was generally sup
posed that the decision Of the board
had been accepted as final; that il hat
been taken BY The council as legally
hinding-as Il was, and il, morally
binding. Bat Il nov appears that ths
council, some Of whose members ven
in ofsee at the time the award Of The
arbifratoFs was accepted, sees ft {,
disregard tbe agreement and to a.
tempt to give The city free and com
plete control over any future improve
menf.
After having agreed 30 submit th'
question 10 artitraiion and ts b gov
erusa thereby. and after having noies
the ccuat1's unEiilinEness 10 keel