USA > Washington > Benton County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 79
USA > Washington > Kittitas County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 79
USA > Washington > Yakima County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 79
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SEC. 4. The city of Ellensburgh shall have power to provide for the light- ing of streets with gas or other lights within such districts or limits as may be prescribed by ordinance.
SEC. 5. The city of Ellensburgh shall have power to provide for cleaning, opening, grading, graveling, guttering, improving and repairing streets, high-
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ways and alleys, and for the prevention and removal of all obstructions there- from, and from any side or crosswalk, also to regulate cellarways, cellar lights, and sidewalks within the city, and to provide for cleaning the streets, for con- structing sewers and cleaning and repairing the same, and shall have power to assess, levy and collect each year a road poll tax of not less than four nor more than six dollars on every male inhabitant of the city between the ages of twenty- one and fifty years, except active or exempt firemen and persons that are a public charge, and there shall not be levied or collected by the county of Kittitas or the officers thereof any road tax or road poll tax upon the property or inhabitants within the city of Ellensburgh.
SEC. 6. The city of Ellensburgh shall have power to cause any lot of land within the city limits, on which water at any time becomes stagnant, to be drained or filled up and to cause any vault upon any lot or block within the city to be cleaned. when necessary, and in case of failure or refusal of the owner of any such property to comply with the requirements of any ordinance or resolution that may be prescribed, the work necessary may be done at the expense of the city, and the amount so expended shall be recovered against the owner of said property by an action at law as for debt.
SEC. 7. The city of Ellensburgh shall have power to provide for the survey of the blocks and streets of the city, and for making and establishing the bound- ary lines of such blocks and streets and of establishing the grades of all streets, within the city limits, and to lay off, widen, straighten, name, change, extend, vacate and establish streets, highways, alleys and all public grounds, and to provide for the condemnation of such real estate as may be necessary for such purposes, and to levy and collect assessments upon all property benefited by any change or improvements authorized by this section.
SEC. 8. The city of Ellensburgh shall have power to prevent injury or annoyance from anything dangerous, offensive or unhealthy and to cause any nuisance to be abated, to repress and restrain disorderly houses, houses of ill- fame, dance houses or gambling houses and to authorize the destruction of all instruments or devices used for purposes of gaming : to regulate the transporta- tion. storage and sale of gunpowder, giant powder, dynamite, nitro-glycerine or other explosives or combustibles and to provide or license magazines for the same, and to prevent by all possible and proper means danger or risk of injury or damages by fire arising from carelessness, negligence or otherwise: to pre- vent and punish fast or immoderate riding or driving of horses or other animals through the streets ; to prevent and restrain any riots, noise, disturbance or dis- orderly assemblages; and to protect the property of the corporation and its inhabitants and to preserve peace and order therein: to prohibit the carrying of deadly weapons in a concealed manner : to regulate and prohibit the use of guns, pistols and fire arms, fire crackers, bombs and detonating works of all descriptions : to restrain and punish intoxication, fighting and quarreling on the streets; to control and regulate slaughter houses, wash houses and public laundries and to provide for their exclusion from the city limits, or from any part thereof : to regulate the driving of stock through the streets : the building and repairing of sewers, and the erection of gas lights, and to control and limit traffic on the streets, avenues and public places, to regulate the use of the streets
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and sidewalks for signs, sign posts, telegraph posts, awning posts and other purposes ; to prohibit the exhibition of deformed or crippled persons, and to prohibit professional begging upon the streets or in public places; to regulate the numbering of houses and lots on the streets and avenues and to provide for the cleaning and sprinkling of the streets and avenues, and to prohibit persons from roaming the streets at unreasonable hours.
SEC. 9. The city of Ellensburgh shall have power to suppress and prohibit the keeping of places, houses or rooms where either males or females, adults or minors are permitted to indulge in the habit of smoking opium, and provide, by ordinance for the summary closing of such places, houses or rooms.
SEC. 10. The city of Ellensburgh shall have the power to make regulations, to prevent the introduction of contagious diseases into the city, and to remove persons affected with such diseases therefrom, to suitable hospitals provided by the city for that purpose ; to provide for the support, restraint and employment of vagrants and paupers ; to restrain and punish disturbances or any unlawful or indecent practices, and to define what shall constitute the same.
SEC. 11. The city of Ellensburgh shall have power to make regulations to prevent animals from running at large within the city limits, and to license, tax, regulate and restrain the keeping of dogs within the city limits, and to authorize the distraining, impounding and sale of the same for the penalty incurred and costs of proceedings or to authorize their destruction.
SEC. 12. The city of Ellensburgh shall have power to regulate, license and tax all carts, drays, trucks, wagons, carriages, coaches, omnibuses and every description of vehicles which may be kept for hire or for the transportation of persons or property for hire, and to prescribe and fix the rates thereof. To license, tax and regulate or prohibit theatricals, shows and other exhibitions, and public amusements, and to license tax and regulate auctioneers, hawkers, peddlers, bankers, brokers and pawnbrokers; to license, tax, regulate or prohibit drinking saloons, bar rooms, beer shops, breweries and all other houses or places where intoxicating or other beverages are sold or disposed of, also to license and regu- late all billiard tables, pigeon hole and Jenny Lind tables kept for hire within the city, and any person or persons who shall keep any billiard table, Jenny Lind, pigeon hole or other gaming table or tables in a drinking saloon, or house, or in a room, or building adjoining, or attached thereto and shall allow the same to be used by two or more persons to determine, by play thereon, which of the persons so playing shall pay for the drinks, cigars or other articles for sale in such saloons or drinking house, shall, within the meaning of this act be deemed to keep the same for hire: Provided, however, That no license shall be required of apothecaries or druggists for the sale of wines, spirits or malt liquors for medical purposes, when sold upon the authority of written prescriptions of practicing physicians. No law, or part thereof, authorizing any tribunal or officer of Kittitas County to grant licenses for any such house, place or business enumerated in this section shall apply to be held to authorize the granting of such licenses within said city by said county or its officers, and all such licenses paid to the city shall be in lieu of the licenses required and specified by the gen- eral laws of the Territory for similar houses or places of business, and the sum required for such licenses shall not be less than the amount required by the
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general laws of the Territory for houses or business of like character, and shall be paid to said city ; bonds required to be given by keepers of saloons or drink- ing houses shall be upon the same terms and for like amount as required by said general laws, and shall be made payable to said city ; to license, tax and regulate wash-houses and slaughter houses, and to prescribe and designate places for carrying on the same ; to license and tax hotels, restaurants, chop and lodging houses, livery stables, dry goods stores, grocery stores, butcher shops, boot and shoe stores, dentists, photographers, doctors, lawyers practicing in the city courts, tobacco stores fruit stores, variety stores, drug stores, furniture stores, blacksmith shops, carpenter shops, contractors and builders, jeweler shops, express companies, hardware stores, printing offices, oyster houses, barber shops, bath houses, wood and coal dealers, lumber dealers, news dealer, milliners' stores and all business houses and wholesale and retail establishments of every kind and description, and to fix the rates of such licenses in all cases except as herein provided : Provided, however, That no tax shall be imposed or license required for the sale in said city of any of the products of the county when sold by the producer, or of mechanics who expose for sale only the goods, wares or mer- chandise manufactured within the city limits.
SEC. 13. All funds derived from liquor or other licenses, granted under the provisions of this act, together with fines shall be paid into the city treasury. for the use of the city of Ellensburgh : Provided, That two-thirds of the amount derived from liquor license shall be paid into the Kittitas county treasury by said city of Ellensburgh, to be placed to the credit of the general school fund.
SEC. 14. The city of Ellensburgh shall have power to establish chain gangs and to maintain a day and night police, and to provide for the election or ap- pointmen of such number of public officers as may be necessary, who shall have full power and authority to make arrests with or without warrants, and within or without the limits of the city, and such police officers shall also have authority to summon aid and exercise all powers necessary and requisite for the preven- tion of crimes and for the apprehension of offenders, and in all cases where arrests are made for offenses against the general laws of the Territory such police officers shall be entitled to receive the same fees as are allowed to sheriffs and constables for similar services.
SEC. 15. The city of Ellensburgh shall have power to provide cemeteries and to regulate the burial of the dead, and to prevent any interments within the limits of the city, and to cause any body interred within the city limits to be taken up and buried without the limits of the city, and shall have power to estah- lish cemeteries or burial grounds without the city limits and to have the authority and jurisdiction over the same necessary to the safety, preservation, regulation and ornamenting the same.
SEC. 16. The city of Ellensburgh shall have power to establish and regulate markets ; to provide for the measuring or weighing of hay, coal, wood or other articles of sale.
SEC. 17. The city of Ellensburgh shall have power to adopt proper ordi- nances for the government of the city, and to carry into effect the power given by this act, and to provide for the punishment of a violation of any ordinance of the city by a fine, not exceeding three hundred dollars and costs, or by imprisonment not exceeding thirty (30) days, or by both such fine and imprison-
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ment, and in case of default of the payment of such fine and costs, the defendant shall be imprisoned not to exceed one day for every three dollars of such fine and costs, and such fine and costs may also be collected by execution against the property of the defendant, and when so collected shall be credited on the judgment, and any person, while imprisoned as aforesaid, may be compelled to work during the time he is so imprisoned upon the streets or other public grounds or works of said city ; and the city may also cause the animals found running at large within the city limits, to be impounded, forfeited and sold.
SEC. 18. The city of Ellensburgh shall have power to establish and regu- late the fees, duties and compensation of its officers except when otherwise provided, and have such other powers and privileges, not here specifically enumerated, as are incident to municipal corporations of like character and degree not inconsistent with the laws of the United States or of this Territory, and as may be necessary for carrying into effect the provisions of this act accord- ing to the true intent and meaning thereof: Provided, that the mayor and councilmen shall not receive any compensation for their official services.
SEC. 19. The city of Ellensburgh shall have power to construct and repair sidewalks and curb, pave, grade, bridge and gutter any street or streets, high- way or highways, alley or alleys within the city or any part thereof, and to levy and collect a special tax or assessment on the lots and parcels of land fronting on such street or streets, highway or highways, alley or alleys, or any part thereof sufficient to pay the expense of construction of said sidewalks and graveling, grading, paving or bridging said streets and alleys, and for that purpose may establish assessment districts, consisting of the whole or any portion of such street or streets, highway or highways, alley or alleys, as may be deemed advis- able : but unless the owners of more than one-half the property subject to assess- ment for such improvements petition the council to make the same, such improve- ments shall not be made until all the members of the council present, by vote, authorize the making of the same.
SEC. 20. The city of Ellensburgh may be divided into two or more wards by the city council, and the council may create new wards and increase the num- ber of councilmen not to exceed eight, also change the boundary lines of wards so as to equalize the population: Provided, however, That no wards be created or boundary lines changed within ninety days prior to any election.
SEC. 21. The city of Ellensburgh shall have power to erect and maintain waterworks, or to authorize the construction of the same for the purpose of furnishing the city with a sufficient supply of water, but no such works shall he erected by the city until two-thirds of the qualified voters of the city at a general or special election shall, by vote, assent thereto.
SEC. 22. The city of Ellensburgh shall have power to construct or authorize the construction of such water works as may be necessary for the city and for the purpose of maintaining and protecting the same from injury and the water from pollution, may pass the necessary ordinances therefor.
SEC. 23. The city of Ellensburgh, together with the territory now com- prised in school district No. three (3) of Kittitas County, Washington Territory shall constitute a school district and there shall be elected annually, as other city officers, five school directors and one district school clerk, who shall hold their offices for one year and until their successors are elected and qualified
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and the general school law applicable to school districts in incorporated towns, except as herein provided, shall apply to school districts.
Chapter III. GOVERNMENT.
SECTION 1. The power and authority given to the city of Ellensburgh by this act, shall be vested in a mayor and common council together with such other officers as are in this act mentioned, or may be created under its authority.
SEC. 2. The common council shall consist of five members. They shall be elected for one year and shall hold their office until their successors are elected and qualified.
SEC. 3. The mayor shall be elected by the city at large for one year, and shall hold his office until his successor is elected and qualified. He shall be a resident and qualified elector of the city, and a property holder within the city.
SEC. 4. The common council shall be elected at large by the city, unless wards are created as provided in this act, when there shall be two members elected from each ward. They shall be qualified electors and residents of the ward from which they are elected and property holders within the city.
SEC. 5. There shall be elected by the city at large, a city marshal, who shall hold his office for the term of one year and until his successor is elected and qualified. He shall be a resident and qualified elector of the city.
SEC. 6. The justices of the peace for the precinct including the city, who shall have been duly elected and qualified as required by law, shall have juris- diction over all offenses defined by any ordinance of the city, and all actions brought to enforce any penalty imposed by any such ordinances, and full power and authority to hear and determine all causes, civil and criminal, arising under such ordinances. All civil and criminal proceedings, before such justices of the peace, under and by authority of this act, shall be governed and regulated by the general laws of the Territory relating to justices of the peace and to their practice and jurisdiction, and shall be subject to review in the district court by certiorari or appeal, the same as other cases.
SEC. 7. There shall be elected, as hereinafter provided. a city clerk, city treasurer, a city attorney, city assessor and street commissioners and city sur- veyor, who shall be officers of the municipal corporation.
SEC. 8. The city treasurer, city attorney, city assessor, street commissioner and city surveyor shall be elected by the common council by ballot, and shall hold their respective offices for the term of one year, or until their successors are elected and qualified Provided, however, That they shall be liable to be removed by the common council at any time by a two-third vote, for malfeasance or misfeasance, inattention, incompetency or any other good cause. Nothing in this act contained shall be construed as prohibiting the election of one and the same person to two or more of the offices mentioned herein where the duties of such are not incompatible.
SEC. 9. No person shall be eligible to any office in the corporation who, at the time of his election or appointment, is not entitled to the privilege of an
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elector according to the laws of this Territory, and who has not resided in the city for six months next preceding his election or appointment.
Chapter IX.
SEC. 22. For the purpose of carrying out the provisions of this act, and for organizing and creating a city government for the city of Ellensburgh there is hereby established an election board, of which F. Schnebly shall be inspector and J. A. Shoudy and David Murray shall be judges and upon notice of the passage and approval of this act, said inspector and judges, or either, shall call and hold an election in and for the city for the purpose of electing the officers in and for said city, giving ten days' notice thereof, by posting five notices in the most public places in the city. It shall be the duty of said judges to make their returns to the county auditor of Kittitas County, Washington Territory, and he shall canvass the votes and forthwith issue certificates of election according to law. Said officers so elected shall qualify within five days after election or the vacancies caused by said failure to so qualify shall be filled by appointment by the qualified councilmen. Should any judge or inspector of said election fail to attend or act at the proper time, the voters then present may elect another in his place. [End of Charter.]
The "Standard" of January 3, 1885, contains a sketch of the town, which, while in some degree duplicating some of the facts already given, has so much of real value and interest that we deem it worthy of incorporation, as showing how Ellensburgh appeared to one familiar by direct acquaintance with all its development to that time.
ELLENSBURGH.
PRE-RAILROAD FACTS.
Ellensburgh, Kittitas County, Washington Territory, of today presents through the course of its past growth and present attainments, a vivid illustra- tion of the genuine merit and vast possibilities of the region in which it is the trade center and seat of county government.
Until 1871 the mercantile undertakings of the county were limited to a store in the east end of the valley, kept by J. S. Olmstead, whose name, with others, was inadvertently left from a previous sketch of early settlers.
In August of that year Hon. John A. Shoudy and William Dennis bought out the ranch location of Jack Splawn, and began business in a log cabin where the store of Shoudy & Stewart now stands. Packing their stock of wares across the mountains, and walking alongside of the pack animals, Shoudy and Dennis began and nurtured their little business, keeping pace with progress of the valley until, having passed through the various log cabin degrees, embracing the first store and hotel in the present town, and all the vicissitudes attending the building up of a trade where at one time a single side of bacon offered for sale by an immigrant could not be purchased, because a "side" was already on hand, until the present mercantile position of Shoudy & Stewart has been attained. The firm now has an annual trade in excess of $50,000. Mr. Shoudy (Mr. Dennis having retired in 1876) finds himself the proprietor of a flourishing townsite,
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and surrounded by and in competition with the following briefly described pro- gressive conditions and trade factors to the origin and growth of which, by extending general judicious encouragement, his firm has largely contributed.
In May, 1870, Messrs. Blumauer & Block, now Blumauer & Son, engaged in general merchandising in the Sharp dwelling, upon the ground now occupied by Dr. Laurendeau. In response to increased demands of trade the firm subse- quently built and removed to their present location, upon which, and the one- half lot adjoining, they will erect a commodious business house next season. By careful, satisfactory dealing the firm of Blumauer & Son have built up a fine trade, second to none in the town and the senior member has evinced his abid- ing faith in the outcome of both town and county by the purchase and improve- ment of the fine residence occupied by himself and family on Society Hill.
In 1881, Hon. Thos. Johnson removed from Goldendale to Ellensburgh, and opened a general merchandise stock in Odd Fellows Hall. Subsequently he built and removed to the large building destroyed by fire, corner of Fourth and Pearl, August 29, 1883. Those best acquainted with Mr. Johnson's business qualifications considered his coming to Ellensburgh proof positive that trade merit of no mean degree was possessed by the town and county, which belief has been in no wise diminished by his subsequent investment in residence prop- erty, with Masonic Hall overhead as also in the Dalles and Ellensburgh stage line, Johnson and Tjossem saw milling and Pole Pick and Shafer gold mining enterprises. After the fire, Mr. Johnson removed to his present location, in the Leonhard building, corner Third and Pearl streets, associating with him Messrs. Dickson and Baker, under the firm name of Thomas Johnson & Co. A glance at the Fall and Winter stock laid in by this firm is a reliable index to the fact, that "alongside, or ahead of competitors", is a motto the gentlemen fully intend to sustain.
In the handsome three story structure, at the corner of Third and Pearl streets, is located the general merchandise business of Hon. Walter A. Bull. This gentleman, one of the first settlers of Kittitas County, is the owner of one of the finest, most extensive meadow ranches in the Northwest, upon which large numbers of beef cattle are fed; is intimately associated to greater or less degree with others in the latter industry, as also in mining and other pioneer enterprises of the county, and is also lessee and proprietor of the Valley Hotel. Hence to make any estimate of his trade volume other than immense is impos- sible. Mr. Bull is also the owner of town residence property.
In September, 1881, Dr. P. Laurendeau opened a drug store in the Odd Fellows' Building graduating therefrom six months later into his present loca- tion, east side of Main, between Third and Fourth streets. Adding a few staple groceries to his stock the gentleman received such encouragement that fancy groceries, shelf goods, etc., were speedily made a leading feature of his thriving business. Doctor Laurendeau has certainly not fared illy in nor formed a poor opinion of either town or county, since he has become the owner of his present business location and a fine valley farm as well.
At the pioneer postoffice drug store we find Charles B. Reed, assisted by C. S. Randolph, a graduate of the Illinois State Pharmaceutical College. In addition to a full stock of drugs and medicines, the P. O. drug store carries
PEARL STREET FROM HEIGHTS, ELLENSBURG
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candies, nuts, fruits, assorted books, stationery, toys, cigars and medicinal liquors. Mr. Reed came to Kittitas Valley in 1869 and in addition to a town residence is the owner of an admirable West Side farm upon which, besides tons of timothy, grain, assorted vegetables and increasing quantities of fruits, the berries from which Reed's celebrated raspberry wine is made, are grown.
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